Trademark Lawyers — Sydney
Sydney trade mark lawyers who file, defend and enforce — not paralegals wrapped in a portal. Searches, filings, oppositions and infringement, on a fixed fee.
Fixed fee. Senior lawyer.
Every engagement is quoted upfront and led by a senior lawyer — never a paralegal-first pipeline.
- hello@envisionlegal.com.au
- Sydney · Melbourne · National
How we help
What we handle for you.
Concrete deliverables — not a general "advice" retainer. Each item can be scoped as a one-off fixed-fee package or bundled into a monthly counsel arrangement.
01
Availability & clearance searches
Full IP Australia and business-name searches across relevant Nice classes, plus common-law use checks — before you spend on branding, packaging or a domain.
02
Trade mark filing
Filing with IP Australia across the right classes, with a specification that's broad enough to protect the brand but tight enough to survive examination.
03
Examination responses
Overcoming s41 (distinctiveness) and s44 (prior conflicting mark) objections with proper legal submissions, evidence of use, or consent negotiations.
04
Oppositions & non-use removals
Opposing a competitor's application, defending an opposition against your own, or attacking a dormant registration blocking your brand.
05
Infringement & enforcement
Cease-and-desist letters, ACL misleading conduct claims, and Federal Court proceedings under section 120 of the Trade Marks Act 1995 for real infringement.
06
International & Madrid filings
Madrid Protocol applications and country-specific filings coordinated through trusted overseas agents — with the Australian mark as the base.
Who this is for
Clients we work best with.
- Founders locking in a brand before launch or capital raise
- Businesses expanding overseas via the Madrid Protocol
- Owners who have received an examination report or opposition notice
- Brand owners facing a copycat competitor in the same class
How we work
No surprises. Ever.
Fixed fees quoted upfront. Senior lawyer on every file. Clear next steps at every stage.
01 — Brief
Send a short brief or book a 15-minute call. We'll confirm scope and what you actually need — often that's less than you think.
02 — Fixed-fee quote
You get a written scope and a fixed fee before we start. No hourly billing, no scope-creep invoices.
03 — Senior lawyer, on the tools
The lawyer you scoped with is the lawyer doing the work. We turn drafts around fast and stay reachable throughout.
FAQs
Common questions.
- Do I need to register a trade mark or is my business name enough?
- A business name is just an ASIC registration — it gives you no exclusive rights to use the name. Only a registered trade mark gives you the right to stop others using the same or similar brand in your class. Registering a company or domain is not registering a trade mark.
- How much does a trade mark cost in Australia?
- IP Australia government fees are around $250–$400 per class for a standard application. Legal fees on top vary — our fixed-fee filing is quoted per class, with searches quoted separately so you can decide whether to file after seeing the search result.
- First-to-file or first-to-use in Australia?
- Australia is a hybrid — filing gives priority, but a genuine prior user can sometimes rely on section 44(4) or unregistered rights under the ACL. The safest position is to file early, especially when a competitor with a similar name exists overseas.
- How long does a trade mark take?
- Around 7–8 months from filing to registration if there are no objections and no oppositions. Faster with expedited examination in limited circumstances. Rights date back to your filing date once registered.
Talk to us
Legal built for trademark lawyers — sydney.
Send us a note about what you're working on. We'll respond within one business day and, if we're a fit, book a free 15-minute consultation with a senior lawyer.