Choosing a trade mark lawyer in Australia

Choose advice that matches the decision in front of you

A new business naming its first product needs different advice from an established business receiving an infringement demand. Both involve trade marks, but the evidence, urgency and scope are different. Start by explaining the decision you need to make and the consequence of getting it wrong.

For a launch, that may mean assessing a name before production starts. For an acquisition, it may mean checking whether the seller owns the brand. For a dispute, it may mean understanding the rights and the realistic options before writing to the other party.

How MAKIN Advisory can assist

• Discuss a proposed name, logo or brand change before you commit.

• Assess relevant searches, ownership and the goods or services to cover.

• Prepare or assist with an Australian trade mark application.

• Review correspondence from IP Australia or another rights holder.

• Advise on licensing, transfers and brand-related commercial agreements.

What should a useful engagement make clear?

Ask what the work includes and which decisions it will help you make. A filing-only service is not the same as broader advice about use, ownership and risk. Understand the search scope, who will handle later correspondence and when additional work would need a separate agreement.

The most useful comparison is therefore not just the headline fee. Compare the actual deliverables, assumptions and exclusions. A modest initial task can be sensible, provided you understand what remains outside it.

Discuss the trade mark help you need

Prepare for a focused conversation

Tell us the brand, what you sell, the entity using it and your next commercial milestone. Mention any launch, response or transaction deadline at the outset. Existing applications, registrations, designer arrangements and letters may be relevant; we can identify what to provide after the initial enquiry.

MAKIN’s approach is to understand the business objective and explain the legal work in practical terms. Sometimes the immediate priority is filing. In other matters, clarifying ownership or reconsidering a problematic name should come first.

Choosing trade mark advice: FAQs

Do I need a lawyer to lodge an application?

You can apply directly through IP Australia. Legal assistance can be useful where the applicant, coverage, conflicting marks or broader commercial arrangements need assessment. The value is in the decisions and advice required, not merely access to the application form.

What should I ask before engaging someone?

Ask about the proposed scope, what searches will be undertaken, what advice you will receive and what happens if an issue arises. Confirm how official fees and later work are handled so you can compare like with like.

Does a clear search mean my brand is safe?

No search removes every risk. Relevant issues may extend beyond identical registered marks, and results require interpretation. Ask what the search covered and what conclusions can reasonably be drawn from it.

Can you help after I have already applied?

Yes, depending on the issue and available time. Include the application number, current stage and any correspondence or deadline in your enquiry. It is important to assess what can still be changed rather than assume the original filing can simply be rewritten.

Can I get advice remotely?

Yes. MAKIN Advisory serves clients remotely, including businesses on the Gold Coast and in Brisbane. In-person meetings are available by appointment. The best arrangement depends on the work and your needs.

What will the work cost?

It depends on the task, the number of marks, the proposed coverage and the complexity of any issues. Describe the decision and documents involved so we can discuss an appropriate scope and cost. No outcome can be guaranteed by paying for a particular service.

Start with the decision you need to make

Enquire about trade mark advice or email sam@makinadvisory.com.au. Tell us briefly about your brand and any deadline.

Related: How Australian applications work and business-name and logo disputes. Official resource: IP Australia’s search guidance.