We are the Australian trade marks attorneys for overseas firms. You instruct us, we handle the Australian work, and your client stays your client. We confirm the scope and cost before we start and report back to you in the format you prefer.
We act in New Zealand too. Across both countries we handle searching, filing, prosecution, oppositions, watching and renewals, including provisional refusals for international registrations.
This page covers who we act for, what we handle and how to start. The step-by-step process is in the instructing guide.
In summary
- We are the local Australian trade marks attorneys for overseas agents and associates.
- We act directly before IPONZ in New Zealand, so you deal with one firm for both countries.
- We handle searching, filing, prosecution, oppositions, watching and renewals.
- We respond to provisional refusals for international registrations designating Australia or New Zealand, and come on record as the local address for service.
- No power of attorney is needed to file in Australia.
- To quote, we need the mark, the owner, the goods and services, and any priority claim.
- The work is led by Hollie Ford, our Director and Registered Trade Marks Attorney.
Who is this service for?
Overseas agents and associates who need an Australian trade marks attorney, or someone to act for them in New Zealand.
You may be filing for a client who is expanding here, answering an objection from IP Australia or IPONZ, opposing or defending an application, watching the register, or renewing a registration. You may also need a local firm to step into a matter partway through.
Whatever the matter, you need accurate work, a clear cost before it starts, and a local firm that acts on correspondence and deadlines as they arrive.
Why use a registered Australian trade marks attorney?
The title is protected. Under the Trade Marks Act 1995, only registered trade marks attorneys can use the title "trade marks attorney". The Act also gives registered attorneys client privilege over communications and a lien over client documents and property, in the same way as a solicitor.
You can instruct us on searching, filing, prosecution, oppositions and advice. If a matter needs court proceedings, we will tell you early and work with the right representation.
Acting in New Zealand
We are registered in Australia and act directly before IPONZ. IPONZ accepts an address for service in New Zealand or Australia, so we file, prosecute and receive official correspondence for New Zealand matters from our Australian office. You deal with one firm for both countries.
What do we handle?
- Searches and availability advice before filing, so the application starts from a clear position.
- Filing and prosecution of national applications in Australia and New Zealand.
- Provisional refusals for international registrations designating Australia or New Zealand. We come on record as the local address for service and respond to the refusal.
- Examination reports, including the response strategy and any hearing that follows.
- Oppositions, both bringing and defending them, including the evidence stages.
- Watching across the Australian and New Zealand registers, so you hear about a conflicting application while it can still be opposed.
- Renewals, recordals, assignments and other changes during the life of a registration.
- Portfolio management for clients with several Australian or New Zealand rights.
If a matter falls outside our scope, we will say so early.
How to instruct us
Send us the matter details and we will confirm scope and cost before any work begins.
For a new filing, we need the mark as you want it filed, the owner's full legal name and entity details, the goods and services, and any priority claim. For prosecution work, we need the application or registration number, the office correspondence, and the deadline.
If your firm has its own instruction form or docketing format, use it. We work by email or through whatever workflow suits your practice.
Time differences can shorten a deadline, so tell us if a matter is urgent and we will let you know straight away what is achievable. The instructing guide sets out what to include with each kind of instruction.
Fees and reporting
We confirm scope and cost before work begins. Official fees are passed through at cost and itemised separately, so you can see which part is the government charge and which part is our work. We offer a fixed fee schedule for associate matters on request.
We report to you in the format that suits your practice, whether that is a short status update, a formal report you can forward to your client, or entries into your own system. If you would prefer us to deal with your client directly on a matter, we can do that too.
Getting started
Send us your instructions, or ask for our associate fee schedule first if you would like to see our fees before the first matter.
If you would like to see how we work before sending a matter, ask us a question about a current Australian or New Zealand file.
Frequently asked questions
Do you act for the client or for our firm?
We act on your instruction and report to you. The client relationship stays with you, and your client continues to deal with your firm unless you ask us to deal with them directly.
Is a power of attorney needed to file in Australia or New Zealand?
No. A power of attorney is not needed to file a trade mark application in Australia or New Zealand, and nothing needs to be signed by the applicant. We need your instruction and the matter details.
Can you file directly with IP Australia?
Yes. We file directly with IP Australia and act as the address for service.
Every application needs an address for service in Australia or New Zealand. Official correspondence and deadlines go to that address, so it needs to be a firm that can act on them.