Received a letter about a trade mark, or just want to check your options?
Answer a few quick questions and our Trade Mark Defence Finder will flag potential defence pathways worth exploring under Australian trade mark law. It’s free, private, and takes a couple of minutes, though it’s general information only, not a substitute for advice from an IP Guardian attorney.
Let's find out together.
Every trade mark matter turns on its own facts — things like exact dates of use, how a mark has actually been applied, and what’s at stake for your business. A questionnaire can point you in a direction; only an attorney reviewing your full circumstances can tell you where you actually stand. Book a no-obligation conversation with an IP Guardian trade mark attorney and get a clear, considered view of your options.
IP Guardian
Trade Mark Defence Finder
Question 1
Been contacted about a trade mark, or worried you might be? Answer a few quick questions and this tool will flag potential defence pathways under Australian trade mark law that may be worth exploring in your situation.
Your situation
What's happened so far?
This just helps us frame your results — it doesn't change which pathways get flagged.
Question 1 of 9
Were you using your mark (or something very similar) in Australia before the other party registered or first started using theirs?
Even an unregistered mark can carry rights if you were genuinely first to use it in the marketplace.
Question 2 of 9
Are you using the term as your own name or the name of your business, in good faith — rather than as a stand-alone brand?
For example, trading under your own or a founder's personal or company name.
Question 3 of 9
Are you using the term to describe your goods or services (e.g. their kind, quality, purpose, geographic origin) rather than as a brand name?
Think: using a word descriptively in ordinary language, not as a badge of origin for your products.
Question 4 of 9
Have you referred to the other party's registered mark in comparative advertising (e.g. "better than X") rather than using it as your own brand?
Question 5 of 9
As far as you're aware, has the other party not actually used their registered mark in Australia for a continuous period of 3 years or more?
A trade mark that sits on the register unused for an extended period can potentially be vulnerable to removal.
Question 6 of 9
Did you ever receive permission, a licence, or consent — written or verbal — from the trade mark owner to use the mark?
Question 7 of 9
Has the other party known about your use of the mark for a long time (e.g. years) without objecting, until now?
Question 8 of 9
Is your use of the mark limited to outside Australia (e.g. an overseas website or market only), with no real trading activity here?
Question 9 of 9
Do you have reason to think the other party's registered mark might be invalid — for example, it's a common generic or descriptive term, or very similar to an even earlier mark?
Your results
Potential defence pathways worth exploring
Get a real answer, not just a possibility
Talk it through with an IP Guardian trade mark attorney — we'll look at your actual facts and tell you where you stand.
Talk to IP Guardian →The Trade Mark Defence Finder provides general information only and does not constitute legal advice. It does not consider the specific facts of your matter and should not be relied or acted upon. No solicitor-client relationship is created by using this tool. For advice tailored to your situation, please contact IP Guardian directly.
FAQs
Is this legal advice?
No. The Trade Mark Defence Finder gives general information only, based on your answers to a short questionnaire. It doesn’t consider all the facts of your situation and shouldn’t be relied on or acted upon as advice. For advice about your specific circumstances, please contact IP Guardian directly.
How accurate are the results?
The results point you toward defence categories that are commonly relevant in situations like yours — they’re a starting point for a conversation, not a conclusion. Trade mark law is fact-specific, and small details, like exact dates of use or the goods and services involved, can change the answer. An attorney needs to review your full circumstances before we can tell you what actually applies to you.
Is my information kept private?
Yes. Everything happens in your browser — your answers aren’t recorded, sent to IP Guardian, or stored anywhere unless you choose to contact us afterwards. You can use the tool anonymously.
What should I do after I get my results?
Whether or not a pathway gets flagged, the next step is to speak with one of our trade mark attorneys. Bring along any letters, emails, or key dates you have — the more detail we have upfront, the faster we can advise you properly.