Finding the right trademark attorney in Melbourne can be the difference between your brand becoming iconic or ending up in legal quicksand.

As a Melbourne-based trademark attorney myself, I’ve seen what works, what doesn’t, and where people trip up.

In this article, we’ll explore how to sift through Australia’s 1,200+ trademark attorneys so you can identify Melbourne’s best and brightest.

Key Traits of the Best Trademark Attorneys

Experience and Specialisation

This isn’t the time to hire your cousin’s mate who’s a lawyer and dabbles in trademarks. You need someone who lives and breathes trademarks.

One of my first clients was a skincare business. They were frustrated because their lawyer who registered their Australian trademark didn’t even mention the need for overseas trademark protection, let alone know about the process. As a result, the skincare business was left strand and on the back foot trying to reclaim their brand in the US.

This is why experience matters: it’s not just about filing paperwork — a top trademark attorney is always thinking five steps ahead about what your future business plans.

Clear Communication

Here’s a red flag: if your trademark attorney throws legal jargon at you like confetti, run.

The best attorneys simplify the process, explain your options clearly, and keep you updated.

I once had a client tell me they chose IP Savvy because, and I quote, “You actually sound like a human.”

Cost-Effective, Not Cheap

Cheap trademark attorneys cut corners which you’ll end up paying for later.

But that doesn’t mean you need to mortgage your house for quality advice. Look for someone who offers clear pricing and real value.

For example, I work with a lot of Melbourne startups that need to stretch every dollar. Instead of mentioning all the things they could think about doing, I focus on what’s mission critical.

E.g., if you’re stretched, you probably don’t need to file applications for your word mark AND your logo if your logo is essentially a stylised version of your word. The logo would be nice to have, but it’s certainly possible to wait.

Questions to Ask Before Hiring a Trademark Attorney

Think of hiring a trademark attorney like hiring a business partner.

Would you hand over a critical part of your business to someone without vetting them? Obviously not.

Here are some ice breakers to get you started:

What’s your success rate with registering trademarks in Australia?
What’s your pricing structure? Any hidden fees?
How will you handle trademark objections from IP Australia?
Can you assist with international trademarks if needed?
Are you prepared to defend my trademark application if it is opposed by a competitor?

Red Flags to Watch Out For

Overpromising Results

If they guarantee your trademark will be approved, be sceptical.

No one can promise that.

Trademarks depend on factors outside anyone’s control, like existing similar marks or IP Australia’s view of your application.

Lack of Client Focus

I’ve heard horror stories of attorneys who disappear after the invoice is paid.

A good trademark attorney will be with you through the entire process, from filing to approval—and even beyond if issues arise.

Why Choose a Melbourne-Based Trademark Attorney

Understanding Local Markets

A Melbourne-based trademark attorney is more in tune with the unique challenges and opportunities businesses face here.

For example, a coffee roastery client wanted to launch a new brand. We conducted freedom-to-operate searches and landed on a brand name that would not step on the toes of their Melbourne-based competitors.

Accessibility and Communication

Let’s be real: it’s easier to trust someone you can meet face-to-face. And when issues pop up, having your attorney a short drive away is invaluable.

Making the Final Decision

You’ve done your research, asked the tough questions, and shortlisted your options. Now, how do you make the final call?

Trust Your Gut: If an attorney doesn’t feel right, move on.
Look for Client Testimonials: Read reviews from other Melbourne business owners.
Book a Consultation: Most attorneys offer a free or low-cost initial consultation. Use it to gauge their expertise and communication style.

A Trademark Attorney for the Long Haul

Your brand is one of your most valuable business assets, and strong trademark registrations are your best brand defence.

The best trademark attorneys in Melbourne don’t simply file paperwork (though of course they’re great at it) — they become trusted allies for the duration of your business. As such, choosing the right trademark attorney at the outset can be crucial.

If you feel like I might be a good fit, then reach out to get started!

Finding the Best Trademark Attorneys in Melbourne