Elements and Performance Criteria

RANGE STATEMENT
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.
Registrabletrade marks may include:
letters, words, names, signatures, phrases, numerals, sounds, smells, shapes, logos, pictures, aspects of packaging, or any combination of these that can be represented graphically

A trade mark can be difficult to register if it is:
a generic word
a term that other traders may need to use in relation to the same kinds of goods or services
identical with or deceptively similar to a pending or registered trade mark
likely to mislead the public about the nature of the goods or services
scandalous or against the law

Note: registration of a business, company or domain name does not in itself give proprietary rights
Legislative requirements may include:
the Trade Marks Act 1995
Section 52 of the Trade Practices Act 1974
Other forms of trade mark protection include:
common law by the passing off action
consumer protection provisions of Trade Practices Act (Commonwealth) and State fair trading acts
reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the trade mark before application for registration is lodged so as to keep the trade mark secret
Benefits include:
trader protection, e.g. protecting reputation of traders, facilitating advertising, encouraging brand loyalty, building brand value, persuading consumers to try new products under the established brand
consumer protection, e.g. to facilitate choice between competing goods and services
Commercialisation potential may include:
considering the trade mark as an asset that can be bought, sold or licensed
utilisation of the trade mark as a marketing tool and the basis for building a brand
Sources of information and advice may include:
IP Australia
Attorney-General's Department
Australian Copyright Council
State and Commonwealth government agencies
lawyers specialising in intellectual property
trade mark attorneys and patent attorneys
accountants
business advisors
marketing consultants
branding consultants
copyright collecting societies, e.g. CAL, PPCA, MIPI, APRA, AMCOS
publications
websites, Internet
databases e.g. local and international trade mark databases
Searching databases may include using the following:
IP Australia's trade marks database which lists all the registered and pending trade marks
the Australian Securities and Investment Commission database, which lists all registered and reserved business names (www.asic.gov.au)
any other information source that is relevant to the goods or services provided by the applicant, e.g. trade directories, Yellow Pages
Investigating may involve:
using search engines on the Internet
reviewing relevant industry journals, articles, advertising, etc.

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:
completing an approved form prescribed by the regulations, including graphically representing the trade mark on the application
paying a specified fee
having the application approved by a trade marks examiner
International trade mark registration includes:
filing for protection with the trade mark offices of overseas countries
filing for protection under the Madrid Protocol through IP Australia to seek trade mark registration in a range of countries with a single application
Monitoring may include:
observing the activities of competitors
watching the market for potential trade mark infringements
Measures may include:
bringing actions against an alleged infringer under:
the Trade Marks Act 1995
Section 52 of the Trade Practices Act 1974
the common law tort of passing off
bringing an opposition against, or seeking removal of, other trade marks which may infringe
Payment of renewal fees may refer to:
ensuring that the required fees are paid to periodically renew the trade mark registration
licence fees to ensure the use of another organisation's trade mark
Proper use of trade mark includes:
ensuring that the trade mark is used 'as a trade mark', otherwise it may become vulnerable for removal
using the mark with the correct notation (e.g.TM or ( R ))

EVIDENCE GUIDE
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.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identification of issues for the use, management and protection of brands and business identity
implementation of policies and procedures for the use, management and protection of brands and business identity and legitimate use of others' trade marks

Context of and specific resources for assessment
Assessment must ensure:
access to relevant information on the individual or organisation's brands and business identity requirements and procedures
access to reliable and appropriate explanatory material and guidelines
access to appropriate computer resources for establishment and maintenance of policies and procedures

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:
direct questioning combined with review of portfolio of evidence
oral or written questioning to assess knowledge of protection of brands and business identity and its implications for the organisation
development of action plans for implementation of policies and procedures for protections of brands and business identity, and commercialisation of trade marks
analysis of case studies around trade mark issues, with recommendations for action

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
other units from BSB07 including other units relating to intellectual property
design units