Finding the right IP lawyer can feel like a minefield — especially when you're not sure what to look for, what to ask, or how to tell one firm from another. The wrong choice can mean wasted money, poor advice, or gaps in your protection that only show up when it's too late.
The best way to avoid that? Go in prepared.
Here are 20 questions you should ask before hiring an IP lawyer or trade marks attorney in Australia — and what to look for in their answers.
Questions About Their Expertise
1. Do you specialise in intellectual property, or is IP one of many practice areas?
This is the single most important question on this list. Many general law firms offer trade mark services as a sideline to commercial law, employment law, or litigation. That's not necessarily a dealbreaker — but a specialist IP practice will almost always have deeper knowledge and more current experience with IP Australia's processes.
Boutique firms like boutique firm Signify IP, for example, focus exclusively on trade marks. That means every client interaction, every filing, and every dispute they handle sits within their core expertise. There's no context-switching between a property settlement and your brand protection strategy.
2. Are you a registered trade marks attorney?
In Australia, only individuals registered with the Trans-Tasman IP Attorneys Board (TTIPAB) can legally call themselves a "trade marks attorney." This registration requires specific qualifications, including the Graduate Certificate in Trade Mark Law and Practice. Always verify this — it's a non-negotiable credential.
3. How long have you been practising in IP law?
Experience matters, but context matters more. Someone with 10 years in general commercial law and two years filing trade marks is different from someone with 10 years of dedicated trade mark work. Ask specifically about their IP experience, not just their legal career overall. For more context, see our complete checklist: 18 steps to hiring the.
4. What types of IP do you handle — trade marks, patents, designs, copyright, or all of the above?
If you need trade mark help, an attorney who handles hundreds of trade mark applications annually will likely serve you better than a patent attorney who files a handful of trade marks on the side. Understand their actual caseload breakdown.
5. Do you have experience in my industry?
IP strategy varies significantly across industries. A food and beverage brand has different considerations from a tech startup or a skincare company. Ask whether they've worked with businesses similar to yours and understand the commercial landscape you're operating in.
Questions About Their Process
6. What does your process look like from start to finish?
A good IP professional should be able to walk you through every stage — from initial search and risk assessment through to filing, examination, and registration. If they can't clearly explain what happens at each step and what your involvement will be, that's a red flag.
7. Do you conduct trade mark searches before filing?
This might seem obvious, but not every practitioner includes a comprehensive availability search as a standard part of their process. A proper search should cover the Australian Trade Marks Register at minimum, and ideally extend to common law use, business names, and domain names. Some firms, including Signify IP, offer free trade mark searches to help identify risks early — before you've committed to filing fees. We cover this in detail in our 10 best ip lawyers for patent applications.
8. How do you handle examination reports or objections from IP Australia?
Almost every trade mark application hits some kind of hurdle during examination. What matters is how your attorney responds. Ask about their experience overcoming adverse examination reports, provisional refusals, and section 44 citations. Ask for examples if possible.
9. What's your approach to international protection?
If you're selling online or planning to expand overseas, you need someone who understands the Madrid Protocol and can advise on filing strategies across multiple jurisdictions. Ask whether they handle international registrations directly or work through foreign associate networks.
10. Do you offer ongoing portfolio management?
Trade mark protection doesn't end at registration. Marks need to be renewed, monitored for infringement, and updated as your business evolves. Ask whether the firm offers watching services, renewal management, and strategic portfolio reviews — or whether you'll need to manage that yourself.
Questions About Fees and Costs
11. How do you charge — hourly rates, fixed fees, or a combination?
This question alone can save you thousands of dollars in unexpected costs. Hourly billing in IP work can escalate quickly, especially if complications arise during examination. Fixed-fee models give you certainty. Signify IP, for instance, operates on a fixed-fee basis with upfront pricing — their stated approach is "no hidden costs" so you always know exactly what you'll pay. See also our 10 best ip lawyers for remote consultations.
12. What's included in your quoted fee, and what costs extra?
Even with fixed fees, you need to understand what's in scope. Does the quote include government filing fees? Does it cover responding to one examination report, or all of them? What about amendments, extensions of time, or additional class specifications? Get the full picture before you engage.
13. Are there government fees on top of your professional fees?
IP Australia charges its own fees for trade mark applications, and these are separate from your attorney's professional fees. Make sure you understand the total cost — professional fees plus government fees — so you can budget accurately.
14. Do you offer a free initial consultation?
Many IP firms offer a free discovery call or initial consultation. This is your opportunity to assess whether they're the right fit before committing financially. Use it wisely — come prepared with your questions and pay attention to how clearly and directly they respond.
Questions About Communication and Working Style
15. Who will actually be handling my matter?
In larger firms, the person you meet in the initial consultation isn't always the person who does the work. Ask who will be your primary contact, what their qualifications are, and whether you'll have direct access to the attorney handling your file. Our 10 best ip lawyers in brisbane and queensland explores this further.
16. How will you keep me updated on progress?
Trade mark applications can take 7–8 months or longer. You need to know how and when you'll receive updates. Some firms use client portals or trade mark management software that gives you real-time visibility into your portfolio. Others rely on email updates at key milestones. Neither approach is inherently better, but you should know what to expect.
17. How quickly do you typically respond to queries?
Responsiveness is one of the most common complaints about legal professionals. Ask about their typical response time and whether they have a policy or commitment around it. Read their online reviews for real-world evidence — consistent praise for responsiveness is a strong signal.
18. Can you explain things in plain English?
IP law is full of technical jargon — specifications, classifications, convention priority, distinctiveness assessments. Your attorney should be able to translate all of this into language you actually understand. If they can't explain it clearly in the first conversation, they're unlikely to improve once they have your money.
Questions About Their Track Record and Reputation
19. Can you share examples of similar matters you've handled?
Case studies, testimonials, or anonymised examples of past work can tell you a lot about how a firm approaches problems. Look for evidence that they've successfully navigated the specific challenges relevant to your situation — whether that's overcoming an adverse examination report, winning an opposition, or building an international portfolio from scratch.
20. What do your clients say about you?
Google reviews, testimonials on their website, and word-of-mouth recommendations are all valuable data points. Look for patterns in feedback — do clients consistently mention clear communication, fair pricing, and strong results? Or do you see complaints about hidden fees, slow responses, or lack of follow-through?
How to Use These Questions
You don't need to fire off all 20 questions in a single phone call. Instead, use them as a framework:
- Before you make contact: Review the firm's website for answers to questions about specialisation, services, pricing, and team credentials. A transparent firm will answer many of these questions publicly.
- During your initial consultation: Focus on process, communication style, and industry experience. This is also where you assess whether you feel comfortable working with them.
- Before you sign an engagement letter: Clarify fees, scope, and ongoing obligations. Make sure everything discussed verbally is reflected in writing.
Red Flags to Watch For
While you're asking these questions, keep an eye out for warning signs:
- Vague answers about fees — If they can't give you a clear indication of cost, expect surprises later.
- No trade mark search before filing — Filing without searching is reckless and wastes your money if the mark is unavailable.
- Guarantees of registration — No one can guarantee a trade mark will be registered. IP Australia makes that decision, not your attorney.
- Pressure to file immediately — A good attorney will take time to understand your business and advise strategically, not rush you into a filing.
- No relevant qualifications — If they're not a registered trade marks attorney and they're not a lawyer with genuine IP expertise, reconsider.
The Bottom Line
Hiring an IP lawyer or trade marks attorney is an investment in your brand's future. The right professional will save you time, reduce risk, and build a protection strategy that actually supports your business goals. The wrong one will cost you more than money — it'll cost you peace of mind.
Take the time to ask these questions. Compare answers across firms. And choose someone whose expertise, communication style, and pricing model align with what your business actually needs.
Your brand is worth the due diligence.
Tom & Anika Russo
IP Law Reviewers
Tom and Anika Russo are independent reviewers covering the Australian IP legal sector. Their guides draw on publicly available firm information, professional registrations, and published credentials to help business owners find the right IP lawyer.