Protect your brand

Protect your business and avoid the high cost of rebranding with this simple trade mark guide.

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Summary

Not trade marking your brand can result in tens or even hundreds of thousands of dollars in rebranding or legal costs.
Holding a trade mark helps protect you when selling online, allows you to license your products and can increase your business valuation.
Applying for a trade mark only takes a few minutes and can be as cheap as $330.
A free new tool from IP Australia can help you quickly check and apply for your trade mark.

Check if your trade mark is available for free

It only takes a few minutes.
Save yourself from having to rebrand later on.
If you decide to apply, it can cost as little as $330.

Check Trade Mark

What is a trade mark?

The most common example of a trade mark is a brand name or logo, but it can be any recognisable sign, graphic design, or expression that identifies your business. It's how your customers will recognise you in the marketplace and distinguish you from your competitors, and is used to protect your business brand from abuse. A trade mark owner can be an individual or business organisation.

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What are the benefits of holding a trade mark?

Registering a trade mark gives you exclusive rights to your brand in Australia, and you can legally stop others from trading with it for similar goods and services. A trade mark can also help build a memorable experience with customers, and lead to brand loyalty and repeat business.

Exclusivity: Exclusive right to use the trade mark across all Australian states, lasting up to 10 years with the ability to renew indefinitely.

Protection: You can legally stop others from using your business likeness or brand. Additionally, a registered trade mark will protect you from others capturing and enforcing similar trade marks.

Licensing: The ability to authorise others to use your trade mark. This is a powerful tool for when you create agreements with producers, distributors, sellers or contractors.

Business value: A trade mark can be bought, sold or transferred and can increase the value of your business in the eyes of any acquirer.

Trade mark dos and don’ts

There are particular rules that apply when considering your trade mark application:

You cannot register something that’s identical or similar to another pending/registered trade mark. This does not apply if you're providing completely different goods or services. For example Dove soap and Dove chocolate.

Ensure what you’re registering is distinctive, and isn’t something generic such as descriptive words or a single colour. Although these things can be registered as a trade mark eventually, it’s a difficult process. The more distinctive, the stronger the trade mark, which will help safeguard it from being challenged in the future.

Geographical names that have a connection to the goods and services provided therein cannot be trade marked. For example a business called Sydney Tours that offers tours in Sydney could not register their name as a trade mark. However, trade marks can in some cases have geographical names if they are distinctive enough or where a business has long-lived and extensive recognition with the name. For example “North Bondi Surf Life Saving Club”.

If your trade mark makes a false claim or is misleading it is likely to be rejected. For example including the word “vegan” in your logo but using it for animal products.

If the trade mark is likely to offend a significant proportion of the public, it may not be accepted. For example including a swear word or a symbol or word that is offensive to a particular group.

Certain words or images cannot be within a trade mark according to specific laws or regulations. For example ANZAC or the red cross imagery.

Case study

Choosing a brand or name that can remain legally yours is more challenging than most think. Various factors can lead to not having protection of your brand or needing to change it. In the case of supplements company “A-Sashi”, they had to rebrand because their logo was found to be deceptively similar to “MUSASHI” in both its word and appearance (both had red circles in their logos).

There are exceptions to the above scenarios, where you can still get your brand or name registered. But this usually requires evidence that you used it first, or have spent years using it without confusion, and that you are well known by that name or brand. Otherwise, if you’re only just starting out, making sure your brand strategy caters to the above factors will more likely result in a legally enforceable trade mark.

How to check if a trade mark is available?

You can start by using the free checking tool. The tool will give you an indication if there are already trade marks that might be similar to your proposed brand or name – from there it’s a simple process to complete the application to register your trade mark.

Check Trade Mark