Expert Trade Mark Attorneys

Your trade mark is one of your business’s most valuable assets. From trade mark searches and registration to enforcement, exam reports, oppositions and international protection, our team helps businesses secure and defend their brands with strategic, commercially focused advice.

Find your specialist

Expert Trade Mark Attorneys in Australia

Whether you’re starting fresh or dealing with a complication, we guide you through every step:

What Can Be Registered as a Trade Mark in Australia?

A trade mark protects your brand’s unique identity, whether it’s a word, logo, slogan, shape, colour, or even a sound. Registration with IP Australia gives you exclusive rights to use the mark for your goods/services (classes) and stops others from using similar marks.

Why register?

  • Exclusive rights to your brand in Australia
  • Legal protection against infringers
  • Valuable business asset (can be sold or licensed)

Industries We Serve

Our Australian trade mark lawyers have deep experience in:

  • Mechanical engineering
  • Medical technology & biotech
  • ICT & software
  • Food & beverage
  • Natural products & agribusiness
  • Electronics & telecommunications

Why Choose James & Wells for Your Australian Trade Mark?

  • Straightforward & stress-free – No jargon, just clear advice in plain English.
  • Cost-conscious – We focus on practical, commercially sensible solutions to get you the best outcome without unnecessary expense.
  • Responsive & accessible – Easy to reach, always happy to explain.

Our Australian Trade Mark Services

We handle every stage of your trade mark journey—from initial search to global enforcement:

  • Trade Mark Searches – IP Australia & global checks to avoid conflicts before filing.
  • Filing & Prosecution – Drafting water-tight applications and responding to IP Australia exam reports.
  • Oppositions – Defending or initiating Australian trade mark opposition proceedings.
  • International Protection – Filing via the Madrid Protocol or direct in key markets (US, EU, NZ, Asia).
  • Watch Services – Ongoing monitoring to spot potential conflicts early.
  • Enforcement – Cease-and-desist letters, negotiations, and Federal Court litigation.
  • Portfolio Management – Renewals, deadlines, and ownership updates for your Australian and international trade marks.

Meet our trade mark experts

Mark Williams

Partner

Mark Williams

Mark is a Registered Australian Trade Mark Attorney and leads the James & Wells trade mark team in Australia. Mark specialises in both contentious and non-contentious trade mark work including trade mark clearance searching, infringement advice, filing and prosecution of…

Read More
Tim Walden

Managing Partner

Tim Walden

Tim is the Managing Partner of James & Wells and specialises in trade mark law. Managing large trade mark portfolios, completing clearance investigations for new brands, devising filing strategies, establishing brand ownership, and enforcing trade marks overseas, are all part…

Read More
Ceri Wells

Partner

Ceri Wells

Ceri is a founding partner of James & Wells, a past president of the New Zealand Institute of Patent Attorneys, an experienced patent and trade mark attorney, and an outspoken champion of innovation. As an experienced lawyer and patent attorney…

Read More
Carrick Robinson

Partner

Carrick Robinson

Carrick is a trade mark and branding specialist with almost 30 years of intellectual property experience. He assists businesses with mitigating brand risk and leveraging their intellectual property, working with brand managers and legal counsel to streamline the daily management…

Read More
Shaun Hagerty

Associate

Shaun Hagerty

Shaun is an Associate in the Hamilton Trade Marks team. Shaun also works in the Asia Division. He specialises in advising clients from a wide range of industries regarding the availability, protection and maintenance of their brands in New Zealand…

Read More
Ian Finch

Partner

Ian Finch

Ian is recognised as one of New Zealand’s most influential leaders in intellectual property. He has extensive experience advising clients in the filing, prosecution, and enforcement of their innovation at all levels and across a range of industries, particularly in…

Read More
Alexia Mayer

Partner

Alexia Mayer

Alexia is an experienced Australian and New Zealand intellectual property lawyer. Alexia’s practice spans commercial and contentious matters in both jurisdictions. On the commercial front, Alexia’s expertise includes drafting and advising on a wide range of commercial agreements, conducting IP…

Read More
Jason Wach

Partner

Jason Wach

Jason is an experienced intellectual property litigator. He has an extensive background in acting for local and international businesses and assisting them with the enforcement of intellectual property rights. He has appeared as counsel and assisted senior counsel in all…

Read More
James Rowland

Senior Associate

James Rowland

James is a Senior Associate in our litigation and commercial team. James’s practice, while extending across a range of intellectual property rights, is centred predominantly on the obtaining and enforcement of patent rights. Frequently working across teams and in multi-jurisdictional…

Read More
George Jackson

Associate

George Jackson

George is an Associate with the litigation team based out of Tauranga. George’s practice includes dispute and enforcement of a range of intellectual property rights, but with a particular focus on trade mark and Fair Trading Act 1986 matters. George…

Read More
Tegan Wells

Solicitor

Tegan Wells

Tegan is a Solicitor in the Hamilton Trade Marks team. She specialises in trade mark clearance searches, trade mark filing and prosecution and advises a wide range of domestic and international clients. Away from the office, Tegan enjoys cooking, fishing…

Read More

Trade mark insights & resources

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.

Contact Us