Modification History
Not applicable.
Unit Descriptor
Unit descriptor |
This unit describes the performance outcomes, skills and knowledge required to protect and use brands and other business identities as trade marks. It covers identifying the need for trade mark protection, lodging a successful application, monitoring and protecting the trade mark, and using the trade mark commercially. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement. |
Application of the Unit
Application of the unit |
This unit applies to individuals who are involved in work with marketable applications across a variety of work environments. |
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Prerequisite units |
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Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Identify the need for protection of brands and business identity |
1.1. Research what constitutes a registrable trade mark in Australia 1.2. Identify the legislative requirements governing trade mark protection 1.3. Identify other forms of trade mark protection 1.4. Identify existing or potential trade marks within organisation or scope 1.5. Explore the benefits , costs and risks of trade mark registration and other forms of trade mark protection 1.6. Make recommendations to develop and use trade marks with commercialisation potential |
2. Identify and initiate application process for trade mark protection |
2.1. Identify sources of information and advice regarding protection of brands and business identify 2.2. Evaluate the role of intellectual property professionals in the trade mark application process 2.3. Search databases of existing registered and pending trade marks and investigate any use of unregistered trade marks to ensure the proposed trade mark does not infringe on another party's existing trade mark 2.4. Identify processes required for lodging a successful trade mark application 2.5. Identify process for international trade mark registration 2.6. Participate in a trade mark application and provide relevant information to the intellectual property professional for trade mark application, if applicable |
3. Monitor the market and protect and use trade marks |
3.1. Identify and review organisation policies and procedures to protect and use the trade mark correctly 3.2. Identify and establish processes to use own and others' trade marks for business growth 3.3. Monitor the market for possible trade mark infringements 3.4. Pursue appropriate measures to protect trade marks against infringements, if required, using appropriate professional advice 3.5. Ensure that procedures are followed to maintain the organisation's trade marks, including payment of renewal fees as required 3.6. Ensure all employees are aware of the importance to the organisation of the protection and proper use of trade marks , and implement training if required 3.7. Identify and review organisation policies and procedures to prevent infringement of others' trade marks |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the skills and knowledge required for this unit. |
Required skills |
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Required knowledge |
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Evidence Guide
EVIDENCE GUIDE |
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The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package. |
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Overview of assessment |
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Critical aspects for assessment and evidence required to demonstrate competency in this unit |
Evidence of the following is essential:
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Context of and specific resources for assessment |
Assessment must ensure:
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Method of assessment |
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
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Guidance information for assessment |
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
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Range Statement
RANGE STATEMENT |
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The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included. |
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Registrable trade marks may include: |
A trade mark can be difficult to register if it is:
Note: registration of a business, company or domain name does not in itself give proprietary rights |
Legislative requirements may include: |
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Other forms of trade mark protection include: |
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Benefits include: |
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Commercialisation potential may include: |
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Sources of information and advice may include: |
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Searching databases may include using the following: |
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Investigating may involve: |
Note: The purpose is to determine whether competitors have used the proposed trade mark, or a similar mark, and developed a reputation in the mark |
Processes include: |
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International trade mark registration includes: |
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Monitoring may include: |
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Measures may include: |
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Payment of renewal fees may refer to: |
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Proper use of trade mark includes: |
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Unit Sector(s)
Unit sector |
Competency field
Competency field |
Regulation, Licensing and Risk - Intellectual Property |
Co-requisite units
Co-requisite units |
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