Lawyer NSW
Trademark Attorney vs Trademark Lawyer
Our trademark lawyer team helps Sydney businesses with everything a trademark attorney does, plus contract advice, litigation and broader legal support your business may need.
Speak to a lawyer this week
Send us a few details and we’ll be in touch.
Lazarus Legal is Associated with the following institutions
What's The Difference Between a Trademark Attorney and a Trademark Lawyer?
Both professions can help you protect a trademark, but they’re regulated differently and have different scopes of practice. The practical difference comes down to what happens if things get contested.
When do you need a trademark attorney vs trademark lawyer?
When to Hire a Trademark Attorney
- You're developing a brand protection strategy for a straightforward trademark
- You need to file a trademark application with IP Australia
- You've received a standard examination report or objection
- You need help managing renewals and ongoing portfolio maintenance
When to Hire a Trademark Lawyer
- You're developing a brand protection strategy with broader legal risk
- You need to file a trademark application with IP Australia
- You've received an examination report, objection, or formal opposition
- You need help managing renewals and ongoing portfolio maintenance
- You're facing litigation or a dispute over infringement
- You need a contract drafted or negotiated involving your trademark
- Your issue crosses into copyright, contracts, or business structuring
Why Choose Lazarus Legal For Trademark Services
Choosing the right trademark professional comes down to expertise, cost certainty, and local commercial knowledge.
- Trademark & IP Law Expertise. Our team has deep experience in trademark registration, examination responses, and IP disputes. We handle the full spectrum, so you're not left needing a second lawyer if your matter becomes contested.
- Fixed-Fee Pricing. You'll know the cost upfront, with no hourly billing surprises along the way. This means you can budget for trademark protection with confidence, rather than worrying about a bill that grows with every phone call.
- Grounded in Commercial Reality. We bring over 50 years of combined commercial law experience working with Sydney businesses, so our advice reflects real commercial conditions, not generic legal theory.
Meet Your Trademark Lawyers
CEO, Notary Public
Barry has practised commercial law for over 50 years, including in-house counsel experience at Freedom Furniture, giving him a business owner’s perspective on protecting a brand.
Director, Principal Solicitor
Admitted in NSW and in England and Wales, Mark brings brand protection experience from his time as Legal Director at Monster Energy EMEA.
Associate Lawyer
Chen combines legal practice with a background in venture capital and compliance, giving startups practical guidance on protecting IP assets as they scale.
What Businesses Say About Lazarus Legal
“We’ve worked with Lazarus Legal on several matters and couldn’t be happier with the professionalism, clarity, and strategic support they’ve provided throughout. Most notably, they guided us through a complex trademark application, offering expert insight and genuine commitment to getting the outcome we needed. Their team is responsive, thoughtful, and easy to work with which is a rare combination in the legal world. Highly recommend if you’re looking for smart legal minds with a real understanding of commercial challenges.”
Colleen Whittaker
“I’ve worked with Lazarus Legal on several matters and have always been impressed with the level of service provided. They are professional and knowledgeable, and take the time to explain things clearly, which makes the whole process much less stressful. They have helped us with some important contracts as well as different trademarks, and every interaction has been professional and positive. Mark and his team are reliable, efficient, and genuinely focused on achieving the best outcome. I would highly recommend them to anyone looking for a lawyer who provides not only expert advice but also outstanding client care.”
- Good ideas get copied. Registered trademarks don't.
Lock In Your Mark Today
- (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 Legal Team for Trademarks Answers Your Questions
What is a trademark attorney?
A trademark attorney is a professional registered with the Trans-Tasman IP Attorneys Board under the Trade Marks Act 1995. They prepare and file trademark applications, respond to examination reports, and manage your trademark portfolio with IP Australia. Unlike a trademark lawyer, they aren’t admitted to practice law generally, so they can’t represent you in court.
How much does it cost to trademark in Australia?
IP Australia’s government filing fee starts at $250 per class using the standard application process, or $330 per class through TM Headstart. Registration takes at least seven months from filing. Professional fees for a lawyer or attorney to manage the process are separate and vary by firm.
Is it better to patent or trademark?
It depends on what you’re protecting. A patent, governed by the Patents Act 1990, protects a new invention or process. A trademark, governed by the Trade Marks Act 1995, protects a brand identifier like a name, logo, or slogan. Most businesses need a trademark to protect their brand, and a patent only if they’ve developed a genuinely new product or method.
What are the different types of trademark?
IP Australia recognises several trademark types: word marks (a business or product name), logo or device marks (a graphic or symbol), composite marks (word and logo combined), shape marks, colour marks, sound marks, and scent marks. Most Australian businesses register a word mark, a logo, or both.
What happens if IP Australia raises an issue with my application?
IP Australia will issue an examination report explaining the issue, such as a conflict with an existing trademark or a lack of distinctiveness. You then have a window to respond and resolve it, currently up to 15 months from the first report. A trademark lawyer or attorney can prepare this response on your behalf.
What happens if someone opposes my trademark application?
If a third party formally opposes your application after it’s accepted, you have two months to file a notice of intention to defend, following changes that took effect in December 2025. Missing this deadline means your application will lapse. A trademark lawyer can manage the opposition process and represent you if it proceeds to a hearing.
Trademark Lawyer, Director, Lazarus Legal
Mark Lazarus is a Director at Lazarus Legal, admitted to practice in NSW and in England and Wales. Before joining the firm, he served as Legal Director at Monster Energy EMEA, working closely with one of the world's most recognised trademarks. He now advises Sydney businesses on protecting their own brands through trademark registration, disputes, and enforcement.
Page Published: 25 August 2025 | Updated: 03 July 2026