Trademark Lawyer
Our trademark lawyer team helps NSW businesses register, protect, and commercialise their brand assets, from initial filing through to enforcement and international protection.
Secure Your Legal Advantage
500+ Trade Marks Registered
200+ Adverse Reports Overcome
150+ Brand Disputes Resolved
40+ Years Combined Legal Experience
What Is A Trademark Lawyer, And When Do You Need One?
A trademark lawyer is a legal professional specialising in protecting brand assets, including names, logos, and slogans. They manage the registration process with IP Australia, enforce your rights against infringement, advise on brand protection strategy, and draft agreements to commercialise your intellectual property.
Our NSW-based trademark lawyer team regularly helps business owners with the following scenarios:
You’re launching a new business and need to check for potential conflicts with existing brands
You want to register across multiple classes of goods and services and need a tailored strategy
You have received an adverse examination report and your application is at risk of rejection
A competitor is using a name, logo, or slogan that is identical or deceptively similar to yours
A third party has filed a trademark application that conflicts with your existing brand
You are entering a franchise, licensing deal, or business sale involving your brand
Your business is expanding internationally and needs protection beyond Australian registration
Your brand has grown in value and needs ongoing monitoring for potential infringements
Why Choose Lazarus Legal For Trademark Legal Services
Choosing a trademark lawyer comes down to experience, transparency, and the quality of advice you receive before a single application is filed.
- IP Law Expertise. Our lawyers have a combined 40-year experience advising businesses on intellectual property and trade marks matters. Director Mark Lazarus brings first-hand brand protection experience at an international level, having served as Legal Counsel and Legal Director for Monster Energy across the EMEA region.
- Transparent, Upfront Fees. We provide clear, upfront fee structures before any work begins, so you know exactly what you are paying and why, with no hidden charges.
- Comprehensive Search and Strategy. We conduct thorough searches across IP Australia's database and broader commercial channels to identify conflicts that a basic search would miss, giving your application the strongest possible foundation.
What Our Trademark Lawyer Team Does For Your Brand
Step 1: Conflict Search and Clearance
Before any application is filed, our trademark lawyers conduct a comprehensive search across IP Australia's database and broader commercial channels to identify any existing marks that could conflict with yours. This is the most important step in the process. Filing without a proper clearance search risks wasting non-refundable government fees and, more critically, building a brand on legally unstable ground.
Step 2: Application Strategy and Filing
Once your mark clears the search phase, we develop a filing strategy tailored to your business. This includes selecting the correct classes of goods and services, deciding between a word mark and a logo mark, and drafting the application to maximise the scope of protection secured. We then file your application with IP Australia and manage all correspondence on your behalf.
Step 3: Examination and Responding to Objections
IP Australia examines your application and may issue an adverse report if it identifies a potential conflict or finds your mark insufficiently distinctive. Where this occurs, our team prepares and submits a formal response to address the objection and keep your application on track. This step requires a precise understanding of trade mark law and the ability to construct a persuasive legal argument.
Step 4: Publication and Opposition Period
Once accepted, your application is advertised in the Australian Official Journal of Trade Marks for two months. During this window, any third party can file an opposition. If your application is challenged, we manage the full opposition process, from filing or responding to the notice of intention to oppose, through to preparing evidence and submissions for a hearing if required.
Step 5: Registration and Ongoing Protection
If no opposition is filed, or where an opposition is overcome, your trademark is registered and protected for ten years from the filing date. Our ongoing role includes monitoring the market for new applications or uses that may infringe your rights, advising on renewals, and managing any enforcement action required to protect your brand as your business grows.
Step 6: Licensing, Commercialisation and International Protection
A registered trademark does not just protect your brand, it creates commercial opportunity. We draft and negotiate licensing agreements, franchise arrangements, and assignment deeds that allow you to monetise your intellectual property, whether by authorising others to use your mark or transferring ownership as part of a business sale. For businesses expanding beyond Australia, we guide you through international filing strategies, including applications under the Madrid Protocol, to secure protection in the markets that matter most to your business.
Meet Your Lawyers
CEO, Notary Public
With over 50 years in law, Barry advises businesses on trade mark protection, franchising, mergers and acquisitions, and business structuring.
Director, Principal Solicitor
Admitted in NSW and England and Wales, Mark brings hands-on global IP experience from his time as Legal Counsel and Legal Director for Monster Energy across EMEA.
Associate Lawyer
Chen’s background spans legal practice, fund management, and compliance, bringing a sharp commercial perspective to IP and trademark matters.
What Businesses Say About Lazarus Legal
Eric Johns
Chief Technology Officer, SAPHI Engineering
“We are thrilled with Lazarus Legal’s services! They successfully secured two trademarks for our business and effectively handled our debt collection matters. Their professionalism, expertise, and prompt communication made the entire process smooth and stress-free. Highly recommended!”
Gracie Smith
“We had a great experience working with Lazarus on our trademark applications. The team was knowledgeable, responsive, and made the process straightforward from start to finish. Would recommend to any business looking for IP support.”
- Launching a new brand?
Start Strong With Trademarks
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Trademark Lawyer Team Answers Your Questions
Do I need a lawyer to register a trademark?
You are not legally required to use a lawyer to register a trademark in Australia. However, filing without professional advice carries real risk. A lawyer conducts comprehensive conflict searches, selects the correct classifications, and drafts your application to maximise protection. If IP Australia raises an objection, a lawyer can prepare a formal response to keep your application alive. For any brand that is central to your business, professional advice is strongly recommended.
How much does it cost to register a trademark in Australia?
Government filing fees are set by IP Australia. A standard application costs a minimum of $250 per class of goods or services, provided you use IP Australia’s picklist of pre-defined goods and services. Registering through TM Headstart costs a minimum of $330 per class. Most applications cover at least one to two classes, bringing the base government cost to between $250 and $660 depending on the method and number of classes chosen.
Professional legal fees vary depending on the complexity of your application. For straightforward filings, lawyer fees typically range from $500 to $2,000 or more, depending on the scope of work involved. At Lazarus Legal, trademark search reports start at $500, and trademark applications covering two classes start at $1,500, excluding government fees.
Is it better to get a trademark or a copyright?
Trademark and copyright protect different things, so the answer depends on what you need to protect. A trademark protects brand identifiers such as names, logos, and slogans, giving you exclusive commercial rights to use them in connection with specific goods or services. Copyright, on the other hand, protects original creative works such as written content, artwork, music, and software, and arises automatically without registration. If you are protecting a brand, a trademark is the appropriate mechanism. If you are protecting a creative work, copyright applies. In many cases, both forms of protection are relevant and can work together.
What is the difference between an IP Australia TM Headstart and a Standard application?
Both are pathways to the same outcome, a registered trademark, but they differ in cost and process. TM Headstart is a pre-application service aimed at first-time applicants, where an examiner assesses your trade mark before you formally apply, giving you feedback and an opportunity to amend your application before committing to the full filing fee. The TM Headstart process involves two stages: $200 per class for the initial assessment, and $130 per class to convert to a formal application if you choose to proceed, bringing the total to $330 per class.
A Standard application proceeds directly to examination at $250 per class using the picklist, without the preliminary review step. TM Headstart suits applicants who want an early opportunity to identify and address risk before committing, while the Standard application is appropriate where thorough searches have already been conducted and you are confident in your mark.
Is an ASIC business name registration the same as a registered trademark?
No, and this is one of the most common misconceptions among business owners. Registering a business name with ASIC simply allows you to trade under that name. It does not give you any exclusive intellectual property rights over it. Anyone else can register a similar or identical trademark and legally prevent you from using your own business name in connection with your goods or services. A registered trademark is the only mechanism that gives you enforceable, exclusive rights to your brand name or logo under Australian law.
What is the timeframe for defending a trademark opposition?
Once a trademark application is accepted, IP Australia advertises it in the Australian Official Journal of Trade Marks for two months, during which any party can oppose the registration. If an opposition is filed, the opponent must then file a statement of grounds and particulars within one month of the notice of intention to oppose. From there, both parties proceed through evidence stages, each typically running three months at a time. Due to IP Australia’s current workload, the full opposition process can take approximately 12 months or more to reach a resolution. Given the strict deadlines involved, it is important to engage a trademark lawyer as soon as an opposition is filed or threatened.
Principal Solicitor, Director, Lazarus Legal
Mark Lazarus advises NSW businesses on intellectual property, commercial transactions, business structuring, and dispute resolution. Before founding Lazarus Legal, he served as Legal Counsel and Legal Director at Monster Energy across the EMEA region, where trademark protection and brand enforcement were central to his day-to-day work. He has since advised over 2,000 Australian founders and supported more than 500 trademark registrations, bringing the same commercial approach to IP matters that he developed working for one of the world's most recognised consumer brands.
Page Published: 06 November 2025 | Updated: 30 April 2026