Strategy and advice

Trade mark lawyers who think beyond the next filing

Filing a trade mark application is straightforward. Knowing what to protect, where, and when is where the real value lies. We help you build a portfolio that matches your business, not just your filing history. Strategic brand protection for founder-led businesses and in-house legal teams.

Talk to a trade mark lawyerLearn about portfolio audits

“Markster has done a fantastic job managing our trade mark portfolio while operating as a seamless extension of our team. Kate and Chris have a refreshingly commercial approach that prioritises practical advice.”

Luke Fletcher

Luke Fletcher

CEO

Foxo

Foxo

How our trade mark lawyers work with you

The relationship typically starts with a specific need: a trade mark application, a question about a competitor’s mark, or a portfolio that needs reviewing. From there, most clients stay with us on an ongoing basis. Not because of a retainer, but because having a trade mark lawyer who already understands your business means faster, better advice when questions come up.

In practice, that looks like a call before launching a new brand or product line. A quick review before expanding into a new market. A heads-up when you spot a competitor using something similar to your mark. These are the moments where having an advisor who knows your portfolio, your industry, and your priorities makes a material difference.

For larger portfolios, we offer full portfolio management. This covers everything from new filings and renewals to monitoring and enforcement, with Chris and Kate working as an extension of your legal or brand team. We currently manage portfolios ranging from a handful of marks to hundreds across multiple jurisdictions.

Trade mark strategy in practice

Goods and services drafting

How your specification is worded affects the scope of your protection. We draft specifications that are broad enough to be useful and precise enough to withstand examination.

Filing timing and sequencing

When you file matters as much as what you file. We use priority mechanisms and sequencing to reduce risk and avoid committing to international filings before the underlying application is secure.

Examination strategy

When an examiner raises objections, the approach and timing of your response can determine the outcome. We develop strategies to overcome multiple similar marks efficiently.

Portfolio prioritisation

Not every mark in a portfolio deserves the same investment. We assess the relative strength and commercial value of each mark so you can make informed decisions about renewal, refiling, and new applications.

What makes a strategic trade mark lawyer different

Any trade mark firm can file an application. The harder question is whether that application is the right move for your business. Should you file in those classes? In that market? At this stage? These are the decisions that determine whether your trade mark portfolio actually protects your brand or just costs money.

We start from the business case, not the filing form. That might mean advising against an international filing until you are genuinely selling in that market. It might mean recommending a delay when the timing is not right, or refiling a mark that was poorly filed before we were engaged because the risks of leaving it as is are real. Sometimes the most valuable advice is that you do not need to file anything at all.

This matters because every registration carries filing fees, maintenance costs, and renewal obligations. A portfolio should reflect how your brand is actually used, in the markets where you actually trade. Marks that do not align with your business are not just unnecessary spend. They can also distract from the registrations that genuinely matter.

Strategic trade mark advice means getting the right level of protection. Not the most protection. Not the cheapest protection. The protection that matches your business and your plans.

“Markster delivered a clear and engaging trade marks training session for our marketing and product teams. Kate broke down complex legal concepts into plain language, used practical examples from Cement Australia's own portfolio, and showed us what makes a brand strong or weak from a trade mark perspective.”

Sophie Evans

Group General Counsel and Company Secretary

Cement Australia

Portfolio audits

Trade mark portfolio audits

If you have an existing trade mark portfolio, the starting point is an audit. We go through every registration and application, and compare each one against the marks you are actually using, how you are using them, and where you are using them.

The audit identifies gaps, risks, and opportunities. Gaps might be marks you are using but have not registered, or goods and services that do not match your actual business activities. Risks could include selling overseas without trade mark protection in those markets. Opportunities might be marks that can be consolidated, specifications that should be updated, or registrations that are no longer needed.

We also assess the relative strength of each mark in the portfolio. This helps you make practical decisions: which marks to renew, which to let lapse, and where new filings would add the most value. Sometimes the finding is strategic, such as a pattern of filing house brand plus descriptive term marks that are unlikely to be enforceable and should be replaced with stronger alternatives.

What the audit covers

  • Review of all existing registrations and pending applications
  • Comparison against current brand usage and business activities
  • Gap analysis across marks, classes, and jurisdictions
  • Risk assessment for unprotected markets and mismatched specifications
  • Relative strength analysis to inform renewal and refiling decisions
  • Strategic recommendations and a prioritised action plan

Fixed-fee portfolio audits

Audit pricing depends on the size and complexity of the portfolio. Audits start from $2,000 (ex GST). We provide a clear quote before any work begins.

Request an audit quote
Who we work with

Who needs a trade mark lawyer

Founder-led businesses

You have built something worth protecting but are not sure where to start, or you have existing registrations but no clear strategy behind them. You want a trade mark lawyer who understands your business well enough to recommend only what you actually need.

We work with founder-led businesses from first filing through to ongoing portfolio management, scaling the advice as the business grows. Many of our clients start with a single trade mark application and build from there.

In-house legal and brand teams

You need a specialist trade mark firm that works as an extension of your team. Proactive advice, clear reporting, and someone who understands your brand well enough to flag issues before they become problems.

We manage portfolios for businesses with dozens to hundreds of marks across multiple jurisdictions. Kate and Chris work directly with your team, providing training, strategic input on new brands, and ongoing portfolio oversight.

“We engaged Markster to lead the international trade mark strategy for our recent brand refresh and have been extremely impressed with the quality and responsiveness of their service. Chris and Kate took the time to understand our business and proposed a clear, commercially focused approach to securing protection across multiple jurisdictions.”

Kevin Lee

Kevin Lee

Executive Business Analyst

M Group

M Group

Meet your trade mark lawyers

Kate McAlisterChris Maher

Kate McAlister and Chris Maher
Directors & Co-Founders

Both Kate and Chris have in-house experience at ASX-listed companies, managing large trade mark portfolios across multiple jurisdictions. They have seen first-hand how strategic decisions about what to protect, where, and when can make or break a brand’s position in the market.

That in-house perspective shapes how Markster works. We understand the commercial pressures, the budget constraints, and the need for advice that is practical, not theoretical. You work directly with Kate and Chris, not a junior associate.

More about the team
FAQs

Common questions about trade mark lawyers

Answers to frequently asked questions about trade mark lawyers, strategy, and portfolio management.

What does a trade mark lawyer do?
A trade mark lawyer advises on all aspects of trade mark protection, from searching and filing applications to enforcing your rights and managing your portfolio over time. Beyond the legal work, a good trade mark lawyer helps you make strategic decisions about what to protect, where to protect it, and how to get the most value from your trade mark budget.
When should I get trade mark advice?
Before launching a new brand, entering a new market, or making any significant change to how you use your brand. Early advice helps you avoid costly mistakes such as choosing a name that conflicts with an existing registration, filing in the wrong classes, or spending money on protection you do not need. If you already have registered trade marks, a portfolio audit can identify gaps and opportunities you may not be aware of. Read more about when to apply for trade mark registration.
How much does a trade mark lawyer cost in Australia?
It depends on the scope of work. At Markster, all work is quoted on a fixed-fee basis before we start. Trade mark portfolio audits start from $2,000 (ex GST) depending on the size and complexity of the portfolio. Individual trade mark applications, searches, and advisory work are each quoted separately. There are no hourly rates or surprise invoices.
What is the difference between a trade mark lawyer and a trade mark attorney?
In Australia, a trade mark attorney is a specialist registered with the Trans-Tasman IP Attorneys Board who can file and prosecute trade mark applications. A trade mark lawyer is a legal practitioner who can also advise on broader legal matters such as enforcement, licensing, and disputes. In practice, many firms offer both functions. At Markster, we handle the full lifecycle from filing through to enforcement and portfolio management.
Do I need a trade mark lawyer to register a trade mark?
No. You can file a trade mark application yourself or use an online filing service. However, a trade mark lawyer can help you avoid common pitfalls, choose the right filing strategy, and deal with any objections that arise during examination. Read more about whether a trade mark lawyer should file your application.
What is a trade mark portfolio audit?
A portfolio audit is a review of all your existing trade mark registrations and applications, compared against how you are actually using your brands, where you are using them, and your business plans. We identify gaps in coverage, marks that may no longer be needed, risks such as selling in markets where you have no protection, and opportunities to strengthen your position. The audit gives you a clear picture of what you have, what you need, and where you can save money.
Can Markster help with trade mark disputes?
Yes. We handle opposition proceedings, cancellation actions, cease and desist letters, and infringement matters. Our approach focuses on achieving practical, commercially sensible outcomes through negotiation where possible, and formal proceedings when necessary. Read more about trade mark enforcement in Australia.
Is my business name the same as a trade mark?
No. Registering a business name, company name, or domain name does not give you trade mark rights. A business name registration allows you to trade under that name, but it does not protect the name. Anyone can register a similar business name, and on the basis of a business name registration alone, you have no legal right to stop them. A registered trade mark gives you the exclusive right to use a name or logo for specific goods and services across Australia.
More services:Trade mark applications|Trade mark monitoring|Trade mark enforcement|International trade marks|Markster platform

Talk to a trade mark lawyer

Whether you need a single application filed or a full portfolio review, we will give you a clear, fixed-fee quote before any work begins.

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