Trademark Lawyer helping Australian businesses register trademarks and protect their intellectual property.
Trademark Lawyer helping Australian businesses register trademarks and protect their intellectual property.

Trademark Lawyer

Trademark registration grants you the exclusive right to use your mark as your identifying brand. Talk to one of our trademark lawyers today about protecting your intellectual property.

Talk to a Trademark Lawyer

Sydney-based trademark specialists helping companies all over Australia protect their intellectual property.

Based in Sydney

Our team of Sydney-based business lawyers are based in the CBD.

Fixed Fees

Enjoy fixed fees for price certainty. We don’t watch the clock!


Timely legal advice and responses. You’ll never get lost in our system.


We use technology to come to you wherever you are in Australia.

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Questions about Trademarks in Australia? Schedule a free virtual consultation with one of our knowledgeable trademark lawyers. We have extensive experience in this area and can help guide you through the entire process.

Fill in our contact form and one of our team will be in touch. You can also phone 1300 149 140 during standard business hours.

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Why is trademark registration important?

Why is trademark registration important?

Many businesses don’t realise that your registered business name provides you with minimal protection, however, trademark registration permits you to take legal action against infringers or imitators attempting to profit from your company’s goodwill. To be certain, registering both your business name and your business mark ensures that the time and money you spent designing your intellectual property is not wasted.

The advent of internet and social media has made infringement online commonplace. It may be that competitors try to use your mark to sell their own products and services or everyday consumers may confuse someone else’s (lower quality) products with your own, possibly damaging your goodwill and, ultimately, your income.

If you have worked hard to develop a sound reputation for service and quality product – and this has created a loyal customer base, then protecting your trademark is essential to increase your goodwill and your reputation.

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How do I register my trademark?

Before you even consider filing a trademark application, it is essential you conduct a comprehensive search of all of the relevant Australian trademark databases.

This search will reveal (first and foremost) whether your mark is available for registration by highlighting marks that are either identical or may be confused with your mark. If you discover another company does hold ownership of a similar mark, it may be difficult to register your own. You also need to be aware that while you are conducting this search, the registered owner of the similar mark has the option to take legal action against you for infringing upon their rights.

If you do move ahead and have submitted application with IP Australia, it will be examined for eligibility for registration. To move to the next stage, your application will need to include an accurate description of goods or services; have nominated the appropriate ‘classes of goods or services’ and outlined the intended use for the mark.

If your application is accepted, it will undergo a period of opposition, during which any other party can oppose your eligibility for registration. If your mark passes this period unopposed you will proceed to registration and be granted rights as a trademark holder.

Register my Trademark
Use a Trademark lawyer to protect your businesses intellectual property

Frequently Asked Questions about Trademarking in Australia

What rights do I have once my mark is registered?

  • You can now prevent online offenders from advertising under your mark or using your trademark terms in their advertisements
  • You can control whether other parties can claim association with your company
  • You can take legal action against other parties using your mark on their own products and services
  • You can prevent other parties from setting up businesses under your trademarked name
  • You can prevent other parties from developing marketing material with your trademark on it.

What is a trademark?

A trademark is a sign used to distinguish goods or services of a business from those of other businesses. It can be a word, phrase, logo, design, or combination of these.

Why should I register a trademark in Australia?

Registering a trademark in Australia provides exclusive rights to use the mark in relation to the goods or services covered by the registration. It also makes it easier to take legal action against anyone who infringes on your trademark.

What are the requirements for trademark registration?

To register a trademark in Australia, the mark must be distinctive, not descriptive or generic, and not similar to existing trademarks in the same or similar classes of goods or services. It also must be used or intended to be used in trade.

What should I do if someone infringes on my trademark?

If someone infringes on your trademark, you should seek legal advice from a trademark lawyer. They can help you take action to stop the infringement and protect your rights. You may be able to obtain a court order to stop the use of the infringing mark and receive damages.

How long does a trademark registration last?

A trademark registration in Australia lasts for 10 years from the filing date, and can be renewed indefinitely as long as the mark is still being used.

How long does the trademark registration process take?

The registration process typically takes 7.5 months in Australia, but can take longer if there are objections or oppositions.

Talk to one of our knowledgeable business lawyers today

Contact us 1300 149 140

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