LAW5341 Trade mark practice
Faculty of Law
LAW5341 Trade mark practice is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2025. It has no prerequisites.
- Credit points
- 6
- Offered in 2025
- Other periods
- Monash Law Chambers
- Assessment
- Exam 50%
- and 1 other task
This is the 2025 handbook entry. See the 2027 entry.
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Requisites
Before LAW5341
No prerequisites or corequisites besides the enrolment rules below.
After LAW5341
No unit lists LAW5341 as a prerequisite in the 2025 handbook.
Enrolment rules
For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study.
Overview
Trade mark practice deals with the process by which trade mark applications are made, opposed, and registration maintained. Emphasis is placed on the practices and procedures of the Australian Trade Marks Office (ATMO). Students will develop the ability to advise and handle a client's interests in the prosecution and maintenance of trade mark applications, including advice on the desirability of seeking trade mark protection in Australia and other countries. Topics covered include classification systems, searching, types of applications and registration, opposition proceedings, removal for non-use, rectification, registration of security interests, border controls, exploitation, misuse and criminal sanctions, and international aspects of trade mark protection.
Offerings in 2025
| Teaching period | Campus | Mode |
|---|---|---|
| Term 1 | Monash Law Chambers | On campus, block |
Assessment
- Hearings decisionWritten50%
- Take home examExamination50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Apply specialist knowledge and understanding of trade marks practice and procedure in Australia to advise clients on the desirability of seeking trade mark protection.
- 2
Critically examine, analyse, and evaluate information and concepts in relation to trade mark practice, especially the prosecution and opposition to trade mark applications.
- 3
Construct reasoned, persuasive and justifiable legal arguments to resolve practical problems and issues in relation to the process of registration and enforcement of rights in registered trade marks in Australia.
- 4
Apply an advanced understanding of legal principles and rules of practice in relation to advising clients of the maintenance and exploitation of trade mark rights once granted.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5341 is part of 3 areas of study in the 2025 handbook.
Contacts
- Chief Examiners
- Dr Tyrone Berger
Common questions
What are the prerequisites for LAW5341?
LAW5341 has no prerequisites, but enrolment rules apply.
When is LAW5341 offered?
LAW5341 has no offerings listed in the 2025 handbook.
Does LAW5341 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 1 other task.
Which majors and minors include LAW5341?
LAW5341 is part of Commercial and corporate law; Public sector governance and regulation; and Technology and innovation.