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Protect Your Brand the Right Way

Before You File a Trademark, Get Clarity

You're building something valuable. Your brand represents your business, your reputation, and years of hard work ahead. But here's the problem: most small business owners don't understand how trademarks work.

You don't know which classes to file under. You're not sure if your brand name is even available. You might have tried filing yourself and got overwhelmed—or worse, rejected.

And the stakes are high. File incorrectly, and you've wasted thousands of dollars. Don't file at all, and you risk a cease-and-desist letter years down the track, forcing you to rebrand everything you've built.

There's a better way.

A Clear Path to Trademark Protection

At TradeMark Counsel, we don't just process paperwork. We give you clarity and confidence before you invest in filing.

Our transparent pathway takes you from confusion to decision in just 3-5 days:

 

Questionnaire → Consult → Search → Plan → Decide to Proceed

 

By the end, you'll know:

  • Whether you need to file or not
  • Whether there are conflicts with existing trademarks
  • Whether you should file or not
  • Exactly what it will cost and how long it will take



How It Works: Your 5-Step Pathway to Clarity

Step 1: Questionnaire (10 Minutes)

Complete a simple online questionnaire covering:

  • Your business details
  • Brand name and logo (if applicable)
  • Products or services you want to protect
  • Your business growth plans for the next 3-5 years

This gives us the foundation to provide you with tailored, strategic advice—not generic paperwork processing.

Step 2: Initial Consultation (30 Minutes Video Meeting)

We meet via video to:

  • Review your questionnaire responses together
  • Ensure we're crystal clear on your purpose and targets
  • Explain how trademarks actually work—in plain language, not legal jargon
  • Determine what initial searches we'll run to assess your trademark's viability

No confusing terminology. No assumptions. Just honest conversation about protecting your brand.

Step 3: Comprehensive Search (3-5 Business Days)

While you wait, we conduct thorough trademark searches across Australian databases to identify:

  • Potential conflicts with existing trademarks
  • Similar marks that could block your application
  • Obstacles you need to know about

You'll receive a detailed report showing our findings and our professional assessment of your registration likelihood.

 

Step 4: Planning Meeting (45 Minutes Video Meeting)

We schedule a follow-up consultation to walk through everything together.

Before the meeting , you'll receive a written copy of our plan so you can review it and come prepared with questions. This maximizes the value of our discussion time.

During the meeting , we cover:

  • Search results explained in plain language
  • Any conflicts or concerns and what they mean for you
  • Recommended specific classes and jurisdictions for filing
  • Detailed cost breakdown (our fees + government fees)
  • Timeline for registration if you proceed
  • Your options if there are conflicts—what changes could be made, what alternatives are available

This isn't a sales pitch. It's honest, strategic advice about protecting your brand for the long term.

Step 5: Decide to Proceed

Armed with complete information, you make an informed decision:

  • Proceed immediately with filing (clear path, no conflicts)
  • Make brand modifications based on our recommendations, then return to file
  • Go back to your marketing team to decide on changes, then proceed
  • Decide not to pursue trademark protection at this time

Whatever you decide, you'll have clarity. You'll know whether filing makes sense for your business, what it will cost, and what risks you're managing.

 

What Happens If You Decide to File?

If you choose to move forward with trademark filing, you enter a paid engagement where we handle everything:

  • Drafting precise trademark specifications tailored to your business
  • Preparing and filing your trademark application
  • Managing the application process with IP Australia
  • Handling communications and requirements through to final registration

Investment for filing:

  • Our professional fees start at $800 for a single-class Australian application
  • Plus variable government filing fees (depending on number of classes and specifications)

This is separate from the $850 pathway investment. The research and planning phase are sunk costs—they don't credit toward filing fees. But they potentially save you thousands by ensuring you file correctly the first time.

Why This Matters: Strategic Protection, Not Just Paperwork

Unlike DIY services that just process paperwork, we provide strategic advice on protecting your brand for the long term .

 

We look at where your business is heading in 3, 5, and 10 years—not just today. We advise on categories and classes for your goods or services so they cover your brand now and in the future.

And unlike expensive law firms that leave you confused about process and costs, we offer a transparent pathway so you understand every step and cost before committing.


We promise transparent, honest advice—even if it means telling you not to file. Because protecting your brand the right way is more important than just processing an application.

The Real Cost of Getting It Wrong

Consider what's at risk:

Filing without proper research: You waste $2,000+ on an application that gets rejected, plus months of waiting for bad news.

Not filing at all: You build your brand for years, invest in marketing, packaging, and signage—then receive a cease-and-desist letter forcing you to rebrand. The cost? Tens of thousands of dollars and confused customers.

Filing in the wrong classes: You think you're protected, but you're not covered for the products or services that matter most as your business grows.

The $850 pathway investment gives you certainty. You'll know exactly where you stand before investing further.

Common Questions

"Can't I just file it myself for cheaper?"

You can. But filing is one thing—getting it right is another. Most DIY applications either get rejected or don't provide the protection business owners think they're getting. Our pathway ensures you don't waste money on applications that won't succeed.

"Do I really need a trademark?"

Maybe not. That's exactly what this pathway helps you determine. We'll give you honest advice about whether trademark protection makes sense for your business right now.

"What if you find conflicts with my brand name?"

We'll explain your options clearly: what changes could be made, what alternatives are available, and whether proceeding still makes sense. You can then work with your marketing team to decide the best path forward.


Ready for Clarity?

Investment: $850

Timeline: 3-5 days from questionnaire to decision

What you get:

  • 10-minute online questionnaire
  • 30-minute initial video consultation
  • Comprehensive trademark search (3-5 business days)
  • Detailed written plan delivered before your planning meeting
  • 45-minute planning consultation
  • Clear recommendation on whether to file, what to file, and what it will cost

What you walk away with:

  • Complete clarity on whether your brand is protectable
  • Understanding of conflicts and your options
  • Strategic advice on classes and jurisdictions
  • Detailed cost breakdown if you proceed
  • Confidence you're making the right decision for your business

No pressure. No confusing legal jargon. Just honest, expert guidance on protecting what you're building.

Start Your Trademark Pathway

Begin Now

 

Or contact TradeMark Counsel directly to discuss your trademark needs.

TradeMark Counsel
Emma Rolley, Registered Trademark Attorney

 



 

Complete Information Summary

Target Audience:
Small business owners and startups in Australia who are launching new brands or products and need to protect their intellectual property, typically with revenues between $100K-$2M annually.

Main Pain Points:
Clients don't understand how trademarks work, don't know about classes, and have no knowledge of the filing process. More advanced clients may have attempted DIY filing but were overwhelmed or got rejected.

Service Offering:
A transparent 5-step pathway (Questionnaire → Consult → Search → Plan → Decide to Proceed) that provides clarity before committing to trademark filing. Investment is $850 for the complete pathway, delivered within 3-5 days.

Unique Value Proposition:
Unlike DIY services that just process paperwork, TradeMark Counsel provides strategic advice on protecting brands for the long term, looking at where businesses are heading in 3, 5, and 10 years. Unlike expensive law firms, they offer a transparent pathway so clients understand every step and cost before committing. They promise transparent, honest advice even if it means telling clients not to file.

Post-Pathway Options:
If clients decide to proceed with filing, they enter a paid engagement starting at $800 for a single-class Australian application plus variable government filing fees. The $850 pathway investment is a sunk cost and does not credit toward filing fees. If conflicts are found, clients receive advice on options and modifications, can work with their marketing team, and return to file after making changes.

Provider:
Emma Rolley, Registered Trademark Attorney at TradeMark Counsel.