If you’ve recently received an Adverse Report from IP Australia regarding your trade mark application, your first reaction might be one of frustration or confusion. After all, you’ve taken the time to develop a brand name or logo that reflects your business identity—only to be told there’s a problem with protecting it.
But don’t panic. An Adverse Report is not the end of the road. In fact, it’s a common step in the trade mark application process in Australia. The key is understanding what it means, why it happens, and—most importantly—how a specialist trade mark attorney can help you respond strategically and effectively.
At brandU Legal, we’ve seen it all. With decades of experience navigating intellectual property law both in Australia and internationally, we’re here to demystify the process and give you clear, confident legal guidance that gets results. Because at brandU Legal, Your Brand is Our Business.
What Is an Adverse Report?
When you file a trade mark application in Australia, it’s examined by IP Australia to ensure it complies with the Trade Marks Act 1995. If the examiner identifies any issues—legal, technical, or procedural—you’ll receive an Adverse Report outlining the reasons why your application cannot be accepted in its current form.
These reports can include objections such as:
- Your trade mark is too descriptive (e.g., “Fresh Apples” for a fruit business)
- It lacks distinctiveness
- It’s identical or too similar to an existing registered trade mark
- It may be likely to deceive or cause confusion
- It contains prohibited or restricted words
While it may seem like a rejection, an Adverse Report is actually an invitation: it’s your opportunity to address the concerns raised and move your application forward.
Why Do Adverse Reports Occur?
Trade mark law in Australia is designed to protect both consumers and brand owners by preventing confusion and maintaining a register of distinctive, legally valid marks.
That means IP Australia takes a conservative approach during examination, often flagging potential issues even where the risk might be minimal. In practice, many applications receive some form of objection or request for clarification.
Common reasons for Adverse Reports include:
- Similar marks on the register: Even minor similarities in appearance, sound, or meaning may trigger a concern.
- Lack of distinctiveness: If your trade mark uses everyday language, geographic terms, or generic words, it might not be seen as capable of distinguishing your goods or services from others.
- Incorrect classification: Using the wrong class or vague descriptions in your application can cause procedural issues.
The good news? Most objections can be overcome with the right legal strategy.
How a Trade Mark Attorney Can Help
This is where brandU Legal comes in. We’re not your average law firm—we’re a dedicated team of IP specialists who live and breathe trade marks. Here’s how we can assist if you’ve received an Adverse Report:
1. Clear Interpretation
We’ll translate the legal jargon of the Adverse Report into plain English so you understand exactly what’s at stake and what your options are.
2. Strategic Advice
Not all objections are created equal. We’ll assess whether your trade mark truly poses a legal risk, or if IP Australia’s concerns can be challenged or clarified. Our advice is practical, commercially sound, and based on years of hands-on experience.
3. Drafting and Filing Responses
Time is critical—you usually have 15 months to respond to an Adverse Report. We’ll help prepare a comprehensive written response (called submissions or arguments) tailored to IP Australia’s objections. This may involve:
- Arguing that your trade mark is in fact distinctive
- Demonstrating honest and concurrent use of your mark in the marketplace
- Requesting limitations to narrow the scope of the goods/services claimed
- Providing evidence of prior use
4. Dealing with Conflicting Trade Marks
If the objection is based on similarity to another registered mark, we can explore options such as:
- Obtaining consent from the other trade mark owner
- Filing a letter of undertaking
- Amending your application to reduce conflict
In some cases, it may be more strategic to rebrand or file a new application—and we’ll advise you on when that’s the right move, too.
Why Choose brandU Legal?
At brandU Legal, intellectual property is not a side hustle—it’s our sole focus. Unlike generalist firms, we don’t dilute our expertise across dozens of legal areas. We’re specialists in trade marks, copyright, patents, and brand protection, and we’ve worked with clients ranging from ambitious startups to global brands.
Whether you’re navigating your first application or defending a valuable asset, our job is to protect what you’ve built. We’re not interested in cookie-cutter advice or bloated legal fees. We deliver smart, strategic support tailored to your business, your brand, and your goals.
Final Thoughts
Receiving an Adverse Report from IP Australia might feel like a setback, but it’s often just a bump in the road. With the right advice and legal support, many trade mark objections can be successfully overcome—without having to abandon your brand or start over.
Let us help you take the next step with confidence.
👉 Need help with a trade mark objection?
Reach out to brandU Legal today for tailored legal advice and support that puts your brand first. Because Your Brand is Our Business.