Protect Your Brand with 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.

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How can Mark help you ?

Whether you’re starting fresh or dealing with a complication, Mark has 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. Mark has successfully helped many individuals with the filing process. He’ll walk you through everything, from choosing the right classes to submitting a strong application that gives you the best odds 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 close to someone else’s. Mark knows these objections inside out and will advise you on the best next steps to overcome them and secure your 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 your registration. While oppositions are rare, Mark has handled them and knows the tweaks to resolve the issue and secure your trade mark.


Why should I work with James and Wells?

Choosing to work with us gives you access to Mark and his whole team, specialised in trade marks. They have handled the most complex cases with ease and will make sure you have the best odds, right from the start.

What do we offer?

From your first filing to international portfolios, we cover every stage of your trade mark journey.

Trade Mark Registration

Trade mark filing, prosecution, and assistance with IP Australia exam reports and rejections.

Trade Mark Searches

Comprehensive searches to identify potential conflicts before filing your application.

Exam Reports & Oppositions

Responding to IP Australia exam reports, addressing objections, and managing opposition proceedings.

International Protection

Protect your brand globally through the Madrid Protocol and direct overseas filings.

Trade Mark Watch

Ongoing monitoring services to identify potentially conflicting trade mark applications.

Trade Mark Enforcement

Advice and support for infringement disputes, cease and desist actions, and Customs protection.

Portfolio Management

Management of trade mark renewals, deadlines, ownership updates, and international portfolios.

Not sure which service you need?

Mark will listen, assess your situation, and point you in the right direction, no jargon, no pressure.

Get in touch with Mark →

Meet Mark, Australian Trade Mark Expert

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…

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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.

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