Your Trade Mark Experts in Australia
Meet James & Wells Australia Trade Mark Specialists
With over 45 years of dedicated experience in trade marks, James & Wells are your expert guides for protecting your brand in Australia. From comprehensive searches to complex enforcement, we provide personalised, strategic advice tailored to your business needs.
How can James & Wells help you?
Whether you’re starting fresh or dealing with a complication, we have the expertise to guide you through every step of the Australian trade mark process.
I want to register my brand but don’t know where to start?
You are not alone. James & Wells has successfully helped many individuals and companies with the filing and prosecution process. We’ll walk you through everything, from choosing the right classes to submitting a strong application that gives you the best chances of approval.
I received an exam report, what are my next steps?
Most exam reports cite two common issues: your mark isn’t distinctive enough, or it’s too similar to an existing mark on the trade mark register. Our team knows these objections inside out and will advise you on the best strategy to navigate a path through to registration.
I received a third-party opposition after acceptance, what can I do?
After acceptance, there’s a two-month window for third parties to object to the registration of your mark. While oppositions are rare, the opposition process is not straight-forward. It usually involves an analysis of evidence filed, the preparation of supporting evidence, and often, an appearance at a final hearing. James & Wells has handled countless oppositions and can provide strategic advice, including in relation to the potential amicable settlements of such disputes.
Why should I work with James and Wells?
Working with us is straightforward and stress-free. We’re responsive, easy to reach and always happy to talk things through in plain English. We also understand the importance of managing costs carefully, so we focus on practical, commercially sensible advice that gives you the best possible outcome without unnecessary expense.
What do we offer?
From initial trade mark searching, first filing to international portfolios, we cover every stage of your trade mark journey:
Comprehensive searches to identify potential conflicts before filing your application.
Trade mark filing, prosecution, and assistance with IP Australia exam reports and rejections, including responding to any examination reports.
Defending or initiating trade mark opposition proceedings.
Providing advice in relation to the appropriate filing strategy and working with our network of trusted overseas associates to protect your trade mark overseas.
Ongoing monitoring services to identify potentially conflicting trade mark applications.
Advice and support for infringement disputes, cease and desist actions, and Customs protection.
Management of trade mark renewals, deadlines, ownership updates, and international portfolios.
Not sure which service you need?
We will listen, assess your situation, and point you in the right direction — no jargon, no pressure.
Frequently Asked Questions
1. What is a trade mark?
A trade mark is a sign (eg. word, name, logo, slogan, shape etc.) used to denote one trader’s goods and/or services from the similar goods/services of another trader. It acts as a ‘badge of origin’ for your goods/services.
2. I already have a registered business name. Isn’t that enough?
No. A business name registration is a legal requirement in Australia if you operate your business in a name other than your personal or company name. It ensures consumers can identify the operator of the business, but it does not give proprietary rights or prevent others from using the same name.
3. Why should I bother registering my trade mark?
There are many reasons: it gives exclusive rights to use the mark, creates a valuable business asset, can be sold or licensed, and makes enforcement against unauthorised use significantly easier and more cost-effective.
4. How long does trade mark registration take?
Most Australian trade mark applications take around 8–12 months depending on objections or oppositions. Rights date back to the filing date, making early filing important.
5. How long does a trade mark last?
A trade mark lasts 10 years and can be renewed indefinitely for further 10-year periods.
6. What if my application is rejected?
Rejection is not final. You usually have up to 15 months to respond and overcome objections. Many issues can be resolved with legal submissions or strategic amendments.
7. Can I register a trade mark internationally?
Yes, but not via a single global registration. Protection is obtained through individual country filings or the Madrid Protocol system.
8. What happens if someone infringes my trade mark?
You can enforce your rights through cease and desist letters, negotiation, or court action. Most disputes are resolved commercially before litigation.
9. Is it expensive to register a trade mark?
Costs vary depending on scope, countries, and complexity. In most cases, it is a relatively low-cost investment compared to the value of brand protection.
