Trade mark lawyers in Sydney and across Australia

Find the right help for your brand

You may be preparing to launch, expanding an established business or responding to a letter you were not expecting. If you are unsure whether you need a lawyer for trademark work at this stage, tell us where you are in the process so we can focus on the work you need.

Businesses looking for a trademark lawyer in Australia often start with registration, but protecting a brand usually involves more than one application. Working as trademark and branding lawyers, we consider how your name, logo and marketing fit together before advising which marks to protect first.

Your needs may change as the business grows, and a trademark lawyer can help you plan further filings as you add products or services. Where a matter also touches copyright, designs or confidential information, an IP/trademark lawyer can consider how your brand fits alongside those rights.

Check a name before investing in it

A name being available as a business name or domain does not settle whether you can use or register it as a trade mark. Start with an Australian trade mark search. If the results are unclear or you need an assessment before committing to your brand, ask about a comprehensive trade mark search.

Apply for trade mark registration

An application needs to reflect the right owner, the mark you want to protect and the goods or services it covers. Our Australian trade mark registration service helps you work through these choices and the application process.

Respond to an examination report

If IP Australia raises an objection, the reason matters. A concern about a similar earlier mark requires a different response from a concern that your name describes your goods or services. We can review the report and advise on your options. Read more about responding to an adverse report.

Maintain an existing registration

Your trade mark needs attention as your business changes. We can assist with renewal and trade mark monitoring, and discuss whether a new name, logo or product range calls for further protection.

Trade mark opposition

An opposition can put an application or an existing brand strategy under pressure. You may want to challenge another party’s application, or someone may have opposed yours.

Our trademark lawyers can review the competing marks, the grounds raised and the available evidence. We can then discuss the strength of your position, the procedural steps and whether negotiation is appropriate. The work may involve preparing or responding to opposition documents, organising evidence and advising on a hearing.

Send us the trade mark number and any notice or correspondence you have received. Include the dates shown on the documents so we can identify the immediate issues.

If you are comparing a trademark attorney with a lawyer, ask who will run the matter and which qualifications are relevant. Our answer below on lawyers and attorneys explains the difference.

For the stages, evidence and costs involved, see how trade mark oppositions work.

Advice when a trade mark dispute affects your business

Another business using a similar name does not automatically establish infringement. Equally, receiving a demand does not mean the claim is correct. The registration, the way the mark is used and the relevant goods or services all need consideration.

As trademark lawyers in Sydney, we help businesses assess their position before making demands or commitments. Where a dispute requires further action, we can advise on correspondence, negotiation and litigation. Visit our trade mark infringement page for help with enforcing your rights or responding to a claim.

Working with our Sydney team

Our office is at 801, Level 8, 100 William Street, Woolloomooloo NSW 2011. Contact us to arrange an appointment with our trademark lawyers in Sydney. We also assist clients throughout Australia; tell us where you are based and how you would prefer to communicate.

You do not need to visit the office to work with us. We can work with you remotely, so you can engage us as your trademark lawyer online wherever your business is located.

Whether you are protecting a new trademark in Sydney or managing brands across several states, we can tailor how we work with you. Local clients can meet our Sydney trademark lawyers in person when a matter calls for it. We can also act as your trademark advisor in Sydney over time, from the first search through to renewal. If you are comparing trademark consultants in Sydney, ask whether the person advising you is a lawyer and whether they can also help with contracts, disputes and litigation if a matter escalates.

For Melbourne businesses, see our trade mark lawyers in Melbourne service page, which explains how our Sydney-based team can assist.

We begin by understanding the issue and the outcome you want. We then explain the proposed work, what information we need and the applicable fees. If your matter changes, the scope of the next stage should be clear before you decide to proceed.

Fees and scope

Trademark lawyer cost depends on the work involved. Fixed-fee arrangements are available for suitable work. Ask for a no-obligation quote that identifies the scope, professional fees, government charges and anything charged separately. A registration, application, an opposition and a court dispute each require a different scope.

For filing costs, our trade mark registration cost guide explains the main components. A quote for your circumstances is the best way to establish the total.

Ownership, licensing and related IP advice

A brand may need attention when you sell a business, license its use or change its owner. We can advise on trade mark assignments, licensing arrangements and letters of consent where appropriate. Tell us about the proposed transaction before documents are signed.

If the issue also involves copyright, designs or confidential information, our intellectual property team can help identify the advice needed.

Common questions