David Franklin

My philosophy is to de-mystify the world of trademarks and IP rights for my clients, learn about their business needs, provide practical, affordable solutions, and stand up for them if they clash with someone else. I am responsive and attentive, I like to give my clients good value for money, and to add value where I can. Having run a business myself, I can empathise and understand the demands you face, can clearly explain where trademarks and IP rights fit in to your business and what use they have for you day to day.


David has extensive experience across all aspects of Australian and New Zealand intellectual property law, with particular expertise in trade mark law. He has throughout his career obtained broad experience in misleading and deceptive conduct / trade practices law, and rights arising from reputation; and worked on a variety of copyright, patent and design matters, as well as protection of confidential information, trade secrets and knowhow.

David is an expert in the full range of trade mark registration, prosecution and opposition services, and specialises in advisory work on brand protection, including infringement and enforcement of trade mark rights. Over the years he has provided IP portfolio advice, strategies for registration of trade marks in domestic and export markets, the transfer of IP, and how best to generally protect the brands and other IP of a business.

David has expertise in IP dispute negotiation and resolution, mainly through negotiation and alternative dispute resolution. He also has IP litigation experience, having been involved in a number of cases in Australia and NZ over the years, including appearances at interlocutory hearings.

David now increasingly assists clients and has growing experience with clients’ pre-launch brand selection, brand commercialisation, and marketing strategies. His recent interest has been in making trademarks and the surrounding law work for businesses in a commercial context, keeping them relevant and maximizing their value as a tool for maintaining a product’s competitive edge and as a weapon in the event of unauthorised or mis-use of a business’ brand.


David adopts a pragmatic, friendly but professional approach in his dealings with you. He will listen to your needs and help problem solve, knowing that one size does not fit all and that the more expensive course of action may not necessarily be the best option.

Track Record

  • Advisory and registration work for trade marks, designs and innovations of an Australian BBQ and outdoor living company.
  • IP strategy advice and registration work for a local healthcare innovator.
  • Trade mark protection and enforcement work for major FMCG companies.
  • Trade mark and design registration work for luxury Swiss-made brands.
  • Trade mark opposition proceedings to protect international cricket trade marks.
  • Enforcing registered trade mark rights, including letters of demand and negotiating strong commercial settlement for Australian-made pest control brands.
  • Protection and enforcement of brands and logos for a prominent leisurewear business.
  • Registration and protection of trade mark rights of an iconic motor racing personality.

Key areas of expertise

  • Intellectual property law – Australia and New Zealand
  • Trade mark law and practice – Australia and New Zealand
  • Intellectual property dispute resolution
  • Brand protection strategy and advice

Specific experience in:

  • Brands for fast moving consumer goods, food and beverage
  • Brand creation and protection strategies
  • Trade Mark dispute resolution
  • Domain name law

David Franklin
David Franklin
Principal | Lawyer @ Actuate IP


  • Intellectual Property Dispute Resolution & Litigation
  • Trade Mark Dispute Resolution & Litigation
  • Trade Mark Oppositions
  • Australian Consumer Law (misleading & deceptive conduct) Litigation
  • Copyright, Confidential Information & Related IP Litigation
  • Australian & International Trade Mark Filing, Prosecution & Registration
  • IP Related Agreement Advice, & Preparation of IP Related Agreements


  • International Trademark Association
  • Intellectual Property Society of Australia and New Zealand