Trade Mark Lawyers for Australian Businesses

Your brand is often your most valuable business asset, and the one most people forget to protect until someone else uses or copies it.

Our trade mark lawyers help Australian businesses search, register and defend their brands at fixed fees, so protecting your name costs less than rebranding ever would.

What can our trade mark lawyers do?

• Availability searches. Before you fall in love with a name or logo, we search existing trade marks and assess the risk of a conflict, so you don’t build a brand you later have to abandon.
• Trade mark applications. We prepare and file your application with IP Australia, choosing the right classes of goods and services so your protection actually covers what you sell. See our trade marks and branding page for the full service.
• Responding to problems. If IP Australia raises objections, someone opposes your application, or a competitor starts using something confusingly similar to your brand, we advise on your options. Our guide on what to do if someone copies your brand is a good starting point.

Isn’t my business name registration enough?

No, and this is the mistake that costs small businesses their brands. Registering a business or company name with ASIC lets you trade under that name; it does not give you ownership of the name or the right to stop others using it.

A registered trade mark does. If brand matters to your business, the trade mark is the protection that counts. We wrote about how to choose a protectable name in our guide to picking a name and trade mark for your brand.

How does it work?

1. Tell us about your brand: the name, logo or slogan, and what you sell.
2. Get a fixed fee quote covering our work, quoted upfront before we start.
3. We search and advise: you’ll know the risks before any application is filed.
4. We file and manage your application with IP Australia and keep you updated at each stage.

Frequently asked questions

Do I need a lawyer to register a trade mark?

You can file yourself, but the two most common DIY mistakes are choosing the wrong classes (so the registration doesn’t cover what you actually sell) and filing a mark that conflicts with an existing one. Both usually surface after you’ve spent the money. A proper search and a well-drafted application avoid them.

When can I use the ® symbol?

Only once your trade mark is registered. Using ® on an unregistered mark is an offence in Australia. Until then, you can use ™ to signal that you claim the mark.

How long does trade mark registration take?

Although it can take several months to receive registration, we generally recommend filing your trade mark application as soon as possible, because once your trade mark is registered, your protection dates back to the day you filed.

Once filed, every application goes through examination and an opposition period before it can be registered. We give you a realistic timeline for your specific application when we quote.

What if someone is already using a similar name?

It depends on who used it first, where and for what. This is exactly what the availability search stage can assist with, and if you’re on the receiving end of a dispute, we can advise on your position at a fixed fee.

Protect your brand

Tell us your brand name and what you sell, and we’ll take it from there. Book a free consultation today.