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Don't Risk Your Brand. Hire a Lawyer for Trademark Protection.

We understand the challenges of protecting your brand. Registering a trademark is a critical step, but the process involves a specific legal framework where errors can lead to costly delays and adverse reports. At Lazarus Legal, we’re your dedicated lawyer for trademark registration and protection, providing the expertise needed to secure your brand’s future from the very start.
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FAQ's

Why a Lawyer for Trademark Registration Is a Strategic Advantage

Many clients ask us, “Do you need a lawyer for trademark registration?” While it’s not a legal requirement, it is a strategic decision that offers a distinct advantage. A skilled lawyer for trademark registration brings a depth of knowledge that a DIY application may lack. We understand the nuances of the Trademarks Act 1995, enabling us to anticipate potential issues and develop a robust application.

Strategic Planning

We begin with a comprehensive search to identify any conflicting marks. We then analyse potential objections based on distinctiveness and help you choose a strong, registrable mark that will stand up to scrutiny.

Application Drafting

The application is drafted with precision, ensuring your goods and services are correctly classified and described. This attention to detail helps prevent costly amendments or responses to adverse reports down the line.

Adverse Report Management

Should an adverse report arise, we handle the entire response process. We draft legal submissions and gather the necessary evidence to overcome objections, aiming to turn a potential rejection into a successful registration.

Long-Term Protection

We provide advice on maintaining your mark, protecting it from infringement, and expanding your protection as your business grows.

What an Attorney for Trademark Knows That a DIY Applicant Doesn't

The formal process of trademark registration is governed by specific legal principles that can be challenging to navigate without specialised knowledge. An examiner’s report is not a simple checklist; it is a legal document based on the Trademarks Act 1995 and a body of case law.

Here are some key points to consider: 

Nuances of Legal Objections

The examiner's report may cite specific legal sections, such as Section 41 (lack of distinctiveness) or Section 44 (conflicting marks). A professional can interpret these objections and craft a targeted legal argument that is tailored to the specific issues raised.

The Weight of Evidence

When evidence is requested to support your application, its format and content matter. A legal professional knows what constitutes compelling evidence of use or reputation and how to present it effectively. The difference between a simple letter of use and a formal declaration of use is significant, and we advise on which is most appropriate for a given situation.

Maintaining the Integrity of the Mark

When evidence is requested to support your application, its format and content matter. A legal professional knows what constitutes compelling evidence of use or reputation and how to present it effectively. The difference between a simple letter of use and a formal declaration of use is significant, and we advise on which is most appropriate for a given situation.

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Dimple Logo
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The Nile Logo
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Toim Logo
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Found Space Logo
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Trademark Pricing

Our transparent, fixed-fee pricing ensures you know exactly how much do lawyers charge for trademark registration and protection. We offer tiered packages based on the complexity of your needs. 

Trademark Registration Package

For a complete, end-to-end service, from initial search to final registration.

Trademark registration (up to 2 classes) 
$1,650 inc GST

Trademark Registration Package

For a complete, end-to-end service, from initial search to final registration. 

Trademark registration (up to 2 classes) 

$1,650 inc GST

Adverse Report Response Package

For clients who have received an adverse report and need expert assistance to overcome it. 

Adverse Report letter of  use submission

$1,650 inc GST

Adverse Report Formal Declaration of Use Package

For clients who have received an adverse report requiring a statutory declaration to demonstrate genuine use of their trademark. 

Adverse Report formal declaration of use

$5,000 to $7,000 inc GST

Consultation

A detailed one-hour consultation to discuss your specific needs and provide advice on your best path forward. 

Training including pre lodgement & lodgement process 

$550 inc GST
After all the work is done
Paul Grasso

CEO

Mark and the team at Lazarus legal have been very friendly and extremely helpful, working around the clock to ensure my clients have been kept up to date throughout transactions. Could not speak any more highly of the team at Lazarus and would highly recommend them to anyone wanting a reliable firm by their side.
Paul Errington

Owner

Lazarus legal assisted me with a matter. They were very efficient, gave me expert advice and it was a pleasure to deal with this great team.I would highly recommend them my friends or colleagues or to anyone needing legal advice.

Daniel Wasilewsky

Founder

My startup FreeGuides.com was looking to update our T&C and Privacy policy and Mark and the team did an exceptional job. They were diligent and thought outside the box, exactly what we were looking for.

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Think Your Brand Is protected? Let’s Find Out

Name to Protect you brand or idea? Ask a Trademark Lawyer
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What are the official fees for a trademark application in Australia?
The official government fees are paid directly to IP Australia and are charged per class of goods or services. For a standard application using the picklist, the fee is $250 per class. If your application requires a more customised list of goods or services (not on the picklist), the fee is $400 per class. The fees can also differ for a TM Headstart application. It’s a common mistake for applicants to select too many classes, which can significantly increase the cost, and we help you avoid this.
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What are the most common reasons for a trademark adverse report?
The two most frequent reasons are objections under Section 41 and Section 44 of the Trademarks Act 1995. A Section 41 objection means the examiner believes your mark is not distinctive enough to function as a trademark (e.g., it’s a common word like “Fresh Fruit”). A Section 44 objection is raised when your mark is considered too similar to an existing trademark for the same or similar goods/services. Our legal strategy is designed to anticipate and prepare for both of these objections.
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What's the difference between a Letter of Use and a Declaration of Use?
Both are types of evidence you can submit to overcome a Section 41 objection. A Letter of Use is a simpler submission, often used for straightforward cases. A Declaration of Use is a more formal and comprehensive legal document that often includes sensitive commercial details like sales figures and marketing spend. It’s used to prove that a mark has become distinctive through extensive use, and it’s a powerful tool in more challenging cases. We advise on which is most appropriate for your situation.
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Is it possible to overcome a Section 44 objection without changing my brand?
Yes, a Section 44 objection does not mean you must rebrand. There are several strategic responses we can pursue. These include arguing that the marks are not actually deceptively similar, filing evidence of honest concurrent use to show both marks have coexisted in the market without confusion, or seeking a Letter of Consent from the owner of the earlier trademark. We analyse your unique situation to determine the most effective strategy.