Strategy and advice
Strategic guidance and tailored advice to navigate the complexities of trade mark law, safeguard your brand, and maximise its value.
Book a consultationHow we can help
Our strategic services help you make informed decisions about your brand protection.
Brand portfolio management
Strategic management of your trade mark portfolio to ensure comprehensive protection and efficient use of resources.
Risk assessment
Comprehensive analysis of trade mark risks in new ventures, product launches, and brand developments.
International strategy
Planning and execution of trade mark protection strategies for expansion into international markets.
Licensing & commercialisation
Advice on licensing your trade marks and maximising the commercial value of your intellectual property.
Due diligence
Trade mark due diligence for mergers, acquisitions, and investments to identify risks and opportunities.
Brand architecture
Strategic advice on structuring your brand portfolio, including sub-brands, product lines, and brand extensions.
When you need strategic advice
These are some of the situations where our strategic guidance can make a significant difference.
Launching a new brand
Ensure your new brand is clear of conflicts and properly protected from day one.
Expanding internationally
Develop a strategy for protecting your brand as you enter new markets.
Rebranding
Navigate the trade mark implications of a rebrand while protecting your existing rights.
Franchise or license
Structure your trade mark licensing to protect your brand and maximise value.
Strategic, practical, clear
We provide advice that's not just legally sound, but practical and actionable for your business.
Good trade mark strategy isn't just about legal protection. It's about supporting your business objectives. We take the time to understand your business and provide advice that aligns with your goals.
Our team brings experience from working with Australia's biggest brands and innovative startups. We've seen what works and what doesn't, and we apply these insights to help you make better decisions.
What you get
- Clear, jargon-free advice you can act on
- Strategic recommendations aligned with your goals
- Risk assessment with practical mitigation options
- Prioritised action plans for brand protection
- Ongoing support as your needs evolve
“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 proposed a clear, commercially focused approach to securing protection across multiple jurisdictions. Their strategic input has given us confidence that our key brands are properly protected and aligned with our broader growth plans.”
Kevin Lee
Executive Business Analyst, M Group
Common questions
Answers to frequently asked questions about trade mark strategy.
When should I get trade mark advice?
Ideally, before launching a new brand, product, or entering a new market. Early advice helps you avoid costly mistakes such as choosing a name that infringes existing trade marks or that cannot be registered. Strategic advice is also valuable when planning a rebrand, expanding internationally, or structuring licensing arrangements.
What is a trade mark portfolio audit?
A trade mark portfolio audit is a comprehensive review of all your existing trade mark registrations and applications. We assess coverage gaps, identify marks that may need renewal or updating, evaluate whether your portfolio aligns with your current business strategy, and recommend optimisations to strengthen your overall brand protection.
How do I choose which countries to register in?
The decision depends on several factors: where you currently sell or provide services, where your products are manufactured, your plans for international expansion, and where your key competitors operate. We help you prioritise markets based on commercial importance and risk, ensuring you get the most value from your trade mark budget.
What's the difference between a trade mark search and a clearance opinion?
A trade mark search identifies existing marks that are identical or similar to yours on the register. A clearance opinion goes further — it provides a legal analysis of the risk of proceeding with your mark, considering factors such as the similarity of goods and services, the likelihood of confusion, and any potential defences.
Can Markster help with trade mark disputes?
Yes. We provide strategic advice on all types of trade mark disputes, including opposition proceedings, cancellation actions, and infringement matters. Our approach focuses on achieving practical, commercially sensible outcomes through negotiation where possible, and formal proceedings when necessary.
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 simply allows you to trade under that name, while a trade mark registration gives you the exclusive legal right to use that name in connection with your goods or services. Without a trade mark, another business could register the same or a similar name as a trade mark and potentially prevent you from using it.
Need strategic trade mark advice?
Book a consultation to discuss your brand protection strategy. We'll help you make informed decisions.