Trade Mark Lawyers

Your brand is one of your most valuable assets. A registered trade mark gives you exclusive rights to use your name, logo, or slogan and stops competitors from copying your identity. Without registration, your brand is harder to defend and easier for others to misuse.

Our trade mark lawyers make registration simple, fast and cost-effective. We advise on registrability, prepare strong applications, manage oppositions and enforce your rights if infringed.

Beyond registration, we also help commercialise trade marks through licensing, franchising and transfers.

What is a trade mark?

A trade mark is a sign that distinguishes your goods or services from others in the market. It can be a name, logo, slogan, shape, colour or even a sound.

Registration under the Trade Marks Act gives you exclusive rights to use that mark in Australia for the goods or services it covers.

Without registration, you may still have some protection under common law, but it is harder and more costly to enforce.

A registered trade mark is a business asset, helping you secure your identity, attract customers, and stop competitors from trading off your brand.

Many people confuse business names and trade marks – but they are not the same. Registering a business name does not give you exclusive rights to it.

See our article on the Differences between business names and trademarks to understand the difference.

Why should I register a trade mark?

Registering a trade mark gives you legal certainty and control. It protects your brand against competitors, builds trust with customers and adds value to your business.

Many businesses only discover the importance of registration when it’s too late – for example, when a competitor secures the trade mark first or a dispute arises.

With registration, you can prevent others from using confusingly similar marks and take legal action for infringement.

Trade marks can also be sold or licensed making them valuable commercial assets.

For example, licensing your trade mark can generate revenue and extend your market. Read more in our guide to licensing intellectual property.

How do I register a trade mark in Australia?

Trade marks are registered through IP Australia.

The process starts with a search to confirm availability and assess risks of rejection or opposition.

Once an application is filed, IP Australia examines it against the Trade Marks Act and may raise requisitions or adverse examination reports. These require careful responses within deadlines.

Our lawyers prepare submissions and handle objections to keep your application on track. See our article on responding to an adverse examination report for more detail.

While the process may seem straightforward, mistakes in classification or descriptions can weaken protection or result in rejection.

How long does trade mark registration last?

A registered trade mark in Australia lasts for 10 years from the filing date and can be renewed indefinitely.

To keep protection strong, you must continue to use it.

Trade marks also interact with ownership and business structuring decisions. If your IP is held by the wrong entity, your brand could be at risk.

We advise on intellectual property ownership and separating intellectual property from your business entity so your trade marks are secure.

Can a trade mark be registered internationally?

Australian trade mark registration does not cover overseas.

However, if you plan to trade or expand internationally, you can file in other jurisdictions. This can be done through direct filings or via the Madrid Protocol system. Each country applies its own rules, so objections can arise.

See our article on international trade marks for a full guide.

How do I enforce a trade mark?

Enforcement is one of the key benefits of registration. If someone uses your trade mark, or something confusingly similar, without permission, you can take action.

Enforcement often starts with a cease-and-desist letter, followed by negotiations or, if necessary, Federal Court proceedings.

Remedies include injunctions to stop the use and compensation for losses or damages.

Acting early is important to prevent brand dilution and protect your reputation.

Common Trade Mark Problems We Solve

Trade mark issues can arise at any stage of building a brand – from registration to enforcement. These are the most common problems our lawyers help clients resolve.

Identifying IP Assets

We review your business to identify trade marks and other intellectual property assets that should be registered and protected.

Australian Registration

We prepare and lodge trade mark applications with IP Australia, keeping you updated and responding to requisitions where needed.

International Registration

We advise on registering trade marks overseas, including through the Madrid Protocol, and manage objections in foreign jurisdictions.

Application Rejections

If IP Australia raises objections, we prepare responses and submissions to give your application the best chance of success.

Oppositions

We act for clients in opposition proceedings, whether you need to defend your trade mark or oppose a competitor’s application.

Ownership Structures

We advise on holding trade marks and other IP in the right entity, protecting assets and supporting growth or succession plans.

Commercialisation

We draft and negotiate IP licences, advise on royalties and develop strategies to commercialise your trade marks.

Transfers

We facilitate transfers of trade marks and other IP in anticipation of sales, restructures, or commercialisation.

Enforcement

We protect your brand from unauthorised use, enforce trade mark rights, and act for you in IP disputes, mediation, or litigation.

Protecting Brands, Securing Value

A trade mark defines your reputation in the market. We register, defend and enforce trade marks that protect your brand and strengthen your business.

Further IP Solutions

Why seek advice on trade marks?

Trade marks aren’t just a formality — they are the foundation of brand protection and commercial growth. Legal advice ensures your brand is properly protected and enforceable.

Clarity

We explain what can and cannot be registered, identify risks of rejection and guide you through classes and requirements so you understand your options before investing in branding.

Strength

We prepare applications and supporting submissions that maximise the scope of protection, reduce the risk of challenge and give your trade mark the strength it needs to stand up in disputes.

Protection

We help you enforce your rights against competitors who misuse your brand, defend you in oppositions or challenges, and ensure your trade mark works as a shield against infringement.

Value

We show you how trade marks can be commercialised through licensing, franchising, or sale, helping you turn brand recognition into a revenue stream and a long-term business asset.

We’re here to protect your brand

Tell us your name, logo, or idea. We assess risks, prepare a strong application and defend your rights, so your trade mark becomes a lasting business asset.

Why choose us for your trade mark matters?

When your brand is at stake, you need advice that is precise, commercial, and proactive.

Experienced Advisors

We’re experts in trade mark law and act for businesses of all sizes providing the expertise needed to secure protection, resolve disputes and strengthen your market position.

Strategic Guidance

We design brand protection strategies tailored to your industry and commercial goals, ensuring your trade marks deliver long-term security and support your broader business growth.

Strong Advocacy

We act quickly to defend your trade mark rights in oppositions, infringements and disputes. Whether through negotiation or litigation, we pursue outcomes that safeguard your reputation.

Commercial Focus

We view trade marks as business assets, not just legal rights. Our advice aligns with your commercial strategy, helping you leverage your brand for licensing, franchising, and increased enterprise value.

Client Testimonials

I can't thank Stefan and Boris at Axe Legal enough for their help in registering and profiting out of my trademark. The process can be overwhelming, but Stefan and Boris were there every step of the way, explaining everything clearly and making sure everything was done properly. Not only did they get my trademark registered quickly, but I was also given valuable advice on how to protect and profit from my trademark in my business. I would certainly recommend Axe Legal to anyone looking to protect and grow their business.

When I received an adverse examination report on my trademark, I was worried and unsure of what to do until I contacted Axe Legal. Stefan and Boris reassured me that it was a common occurence and it didn't necessarily mean the end of my trademark. They responded to the report and kept me updated on the progress of my case. Thanks to their hard work and expertise, my trademark was successfully registered. I'm extremely grateful to them for their help and highly recommend their services to anyone facing a similar situation.