Services for business
» Trademarks
If you own a business, sell a unique product or have spent time and money building a brand, you need to protect that investment with a Trademark. It is not hard to do (but it is complicated), it is not expensive (we provide set fees) and you can leave it all to us - to search, register and administer.
Whether it is an idea, a product or a business brand, Etheringtons Solicitors can help you protect your IP, (your Intellectual Property) Australia-wide and worldwide. We have the expertise, the contacts and the knowledge to ensure your IP is safe.
We can help. Start the online application process here: Quote Form
Click here for an overview: How It Works
Why do you need IP protection?
Without the registered protection of a Trademark, you don't own the product, the design of the idea. Any unscrupulous operator can use the years of effort you have expended and there will be little you can do. A trademark on your word, name, symbol or device allows comprehensive protection and the ability to stop an infringer, often within days.
Why protecting your item makes sense:
- Prevent others using your idea, your brand or your item
- It is vital to protect your brand
- It is a valuable, saleable asset
- It protects a business name or symbol for future growth and overseas expansion
- Protect the quality of your item by disallowing others to trade with it
- You can use the ® or the ™ sign legitimately
- You can use the trademarked item in your advertising
- Allows consumers to identify your business
What can I protect?
A word, name, symbol or device. You can trademark:
- a sign
- a logo
- a name
- a sound
- a smell
- a shape
- a picture
Anything that you feel should be identified solely as yours. Ask us for specific advice on your item.
Where can I protect it?
You can protect your item Australia-wide with one trademark application. You can protect your item world-wide via the Madrid Trademark Agreement or the Protocol relating to the Madrid Trademark Agreement respectively in 74 signatory countries with one trademark application, after successful Australian application. Other jurisdictions beyond the Madrid Trademark Agreement and the Protocol require individual application. An Australian trademark is registered with IP Australia and protects you only for Australia. By lodging an application for registration of a European Community Trademark you can get protection for your trademark in all member states of the European Community. Give us a call and we will discuss the protection strategy that best supports your business.
What does it cost?
There is a set lawyer’s fee for Australia-wide protection of $750.00 (plus 10 % GST) for a word trademark and $950.00 (plus 10 % GST) for a word/device trademark. However, this does not include the additional statutory application fees payable to IP Australia, the Australian Patent and Trademark Office, which are flat rate fees of $120 and $250 Registration Fee per class. Please note that this estimate of fees applies for registrations in Australia only. It does not include any costs of correspondence or filing of documents within the opposition period. Any costs arising for a required written submission to the Australian Patent and Trademark Office (IP Australia) within the registration process are also excluded.
What do I get for my money?
Detailed legal advice regarding:
- drafting a list of goods and services
- comprehensive advice regarding the search strategy
- word trademark identity and similarity search in Australia, Germany, European Community, member states of the Madrid Agreement and the related Protocol
- provision of the search results in full text plus legal analysis and legal advice
Registration process with IP Australia or the German Patent and Trademark Office in Munich:
- completion of the relevant application forms
- collation of all documents required with the application process
- lodgement of the application
- remittance of the official Notice of Receipt
- trademark application and renewal deadlines and reminder of payment of statutory fees
- remittance of Registration Certificate
Reminder of renewal of registration after 10 years
For FAQ on Trademark Protection, click here
Why is a trademark search crucial?
An initial search ensures that no one else has already registered your idea, item or product. A search allows you to see if someone else has registered a similar idea or item to yours. Etheringtons can perform these searches on your behalf.
How is a trademark different to a patent?
A trademark is registered on a word, name, symbol or device used in trading goods. A patent is the grant of property right to an invention.
When does my protection start?
As soon as you apply. Any infringement by another business or person will be back-dated to the date of your application. Therefore it is important to apply for a trademark as soon as you think your item is worth protecting.
How long does a trademark last?
It lasts for ten years in Australia and ten years under the Madrid Protocol. You must follow up in ten years time to re-register in Australia. We can do this for you. The Madrid trademark office will contact you in ten years time to prompt a re-registration.
Do I have to use a Trademarked item?
Yes. The trademark must apply to an actively used item. You have five years to commence use after the registration of your trademark.
Do Etheringtons have the experience?
Yes. Olaf Kretzschmar has European and Australian experience. He is a specialist solicitor in intellectual property and is a registered foreign lawyer in Australia. He has experience with the Madrid Protocol and Practices solely in intellectual property law.
Protecting your IP with a Trademark is one of the most important things you can do in business. It tells others that your Intellectual Property is protected and that you have the sole rights to the item.
Contact us immediately if you have an issue, because timely advice can save money and time. We provide:
- A clear statement of your rights and responsibilities
- Your prospects for success
- An estimate of costs
For professional and effective assistance on Intellectual Property matters, call Etheringtons on 02 9963 9800 or email us at
We can help. Start the online application process here: Quote Form
What next?
Contact us immediately if you have an issue, because timely advice can save money and time. We provide:
- A clear statement of your rights and responsibilities
- Your prospects for success
- An estimate of costs
For professional and effective assistance on Intellectual Property matters, call Etheringtons on 02 9963 9800 or email us at
We can help. Start the online application process here: Quote Form
