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Got an Adverse Report? A Trademark Attorney Can Help.

Many people try to file their own trademark, only to be met with an adverse report from IP Australia. It’s a common outcome, but it isn’t a final rejection. What you have is a critical window to respond. Maybe your word mark was seen as too descriptive, or it was deemed too similar to an existing logo. This is where an expert legal strategy can save your brand and your application. As a dedicated trademark
attorney, we provide the expertise needed to directly challenge objections and build
a solid case for your brand’s distinctiveness.

Why You Need a Trademark Attorney to Respond to Your Adverse Report

Our process for responding to a trademark adverse report is designed to turn obstacles into clear, actionable steps.

Pinpoint the Problem

We start by thoroughly analysing your adverse report. We don't just read it; we identify the specific legal grounds for rejection. Was it a Section 41 objection for a lack of distinctiveness? Or a Section 44 conflict with an existing mark? Understanding the exact issue is the first step in formulating a winning response with your attorney trademark expert.

Choosing the Right Response

Not all responses are equal. For a Section 41 objection where the examiner believes your mark is descriptive, we may prepare a formal Letter of Use. This is a cost-effective option, typically priced around $1,500, where we submit evidence like marketing materials, invoices, and website screenshots to show your mark has been in use and is recognised by the public. For more complex cases or where sensitive business information is required, a formal Declaration of Use is often necessary. This is a more robust and confidential legal document, which can cost between $5,000 to $7,000. We'll advise you on which option is best for your specific situation.

Crafting Your Legal Submission

This is where we create your legal counter-attack. As your trademark attorney, we draft and file a professional, evidence-backed submission on your behalf. Our submissions are crafted to directly address each objection with clarity and precision, increasing your chances of acceptance.

Navigating Deadlines

The 15-month deadline to respond to an adverse report is strict. A missed deadline means an abandoned application. We manage all timelines to ensure your response is filed promptly, and we handle all necessary requests for extensions, so you never have to worry about missing a critical date.

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

While responding to an adverse report might seem straightforward, the legal subtleties are what often trip up self-filers. The examiner’s objections aren’t just suggestions; they are based on specific sections of the Trademarks Act 1995 and are supported by a body of case law.

Here’s what our expertise provides:

Understanding Legal Precedent

The examiner's report may cite a previous court case that sets a precedent for why your mark isn't distinctive enough. We know these cases and can argue why your situation is different or why the precedent doesn't apply.

The Nuances of Evidence

Just providing a few screenshots of your website isn't enough. We know what constitutes compelling evidence of use and how to present it in a way that legally proves your mark has acquired a reputation. We can also help you gather sworn statements from industry experts or customers if needed, which can make all the difference.

Strategic Amends

Sometimes the simplest solution is to amend your application. But doing it incorrectly can weaken your brand protection. We can advise on how to strategically narrow your goods and services list to overcome an objection without compromising your core business.

Trademark Pricing

Our pricing model is transparent and based on the complexity of your adverse report.

We offer clear, fixed-fee packages so you know exactly what to expect.

Trademark Registration Package

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

Trademark registration (up to 2 classes)

$1,500 + GST

Letter of Use Response Package

For straightforward Section 41 objections. Includes a detailed analysis and a submission with evidence of use.

Adverse Report letter of use submission

$1,500 + GST

Declaration of Use Response Package:

For complex objections, including Section 44 conflicts. This package includes evidence strategy, drafting, and a formal legal declaration.

Adverse Report formal declaration of use

$7,000 + GST

Adverse Report Consultation:

A one-hour consultation to review your report and provide an expert opinion on your options before you commit to a full response package.

$500 + GST

A trademark isn’t just a logo or a name; it’s the legal shield that protects your brand’s identity, reputation, and the trust you’ve built with your customers.

Alisha Athreya

Mark was incredibly generous with his time and guidance. He genuinely cares, is thoughtful, and always has your best interests at heart. If you’re a startup looking for legal counsel, Mark is the lawyer you want by your side.

James Burnett

We used Lazarus Legal for a capital raise and they were excellent. Straight-talking, responsive, and commercially minded — exactly what you want in a lawyer. They kept things moving and made the process smooth.

Gracie Smith

We had a great experience with Lazarus Legal on our trademark applications. The team was knowledgeable, responsive, and made the process straightforward from start to finish. Highly recommend.

Think Your Brand Is protected? Let’s Find Out

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Name to Protect you brand or idea? Ask a Trademark Lawyer

What is a trademark adverse report and what does it mean for my application?

An adverse report is a document from the IP office that lists legal objections to your trademark application. It doesn’t mean your application is over; it’s an opportunity to respond and argue your case.

How does Lazarus Legal handle a trademark adverse report?

We follow a structured process: analysing the report, gathering evidence, drafting legal submissions, and managing all deadlines to secure your trademark.

Can a trademark attorney improve my chances of a successful registration?

Yes. A skilled trademark attorney with expertise in trademark law and adverse reports can draft more compelling legal arguments and gather the right evidence, dramatically increasing the likelihood of overcoming objections.

What happens if I don't respond to the adverse report?

If you fail to respond or get your application accepted within the 15-month timeframe, your trademark application will lapse and be abandoned.

Is it expensive to hire a trademark attorney for an adverse report?

While there is a cost involved, it’s often a fraction of the long-term value of your brand and the cost of having to rebrand or lose your intellectual property. Our transparent pricing ensures you know the cost upfront.