In Australia, a registered trade mark protects a number of business and brand assets, or intellectual property.
This includes:
- Words or phrases (e.g. business names, product names, slogans)
- Logos, images or symbols
- Shapes, colours, sounds or scents (if distinctive enough)
- A combination of these elements
Registration gives the owner the exclusive right to use the trade mark for the goods and services listed in their application. In Australia, these are grouped into 45 classes under the Trade Marks Act 1995 (Cth).
When should you consider registering a trade mark?
The short answer? Sooner than you think! If you’ve got a business brand that you want to protect from other businesses ‘borrowing’ your ideas, trade mark registration is your best friend. An Australian trade mark gives you legal rights to use your brand names, logos or even certain words in connection with your goods or services.
Unlike an unregistered trade mark, which has limited legal protection, registration means you can legally deter competitors and take legal action if someone copies you. Trade mark rights help protect your business, clients and customers from confusion. Whether you’re a new business owner or growing company, don’t wait until it’s too late – get in before someone else does. After all, protecting your brand is far easier than trying to reclaim it later.
Trade mark considerations while creating your branding.
Creating a brand isn’t just about choosing a pretty picture or catchy letter combo for your logo. You also need to ask: what does trade mark protect, and will IP Australia grant me registration? Trade mark rights can apply to brand names, logos, slogans and even unusual elements like sound recordings. But there are limits; you can’t protect common words, your own name, or anything already in the public domain.
The key differences between an unregistered trade mark and registration come down to legal protection: an unregistered mark doesn’t give you the same ability to stop other businesses from using your brand. Think of trademark registration as the process that makes your products instantly recognisable and helps your company distinguish its products or services from everyone else’s.
Cost vs value of trade mark registration.
Some business owners hesitate at the cost of trade mark registration, but here’s the thing: trade mark registration lasts for an initial period of ten years and can be renewed indefinitely. That’s a long time of peace of mind. The value lies in the legal protection a trade mark gives; you can stop other businesses from riding on your coattails and, in special circumstances, even license or sell your brand to others. An unregistered trade mark may seem cheaper, but it doesn’t give you the same legal rights or ability to protect your business.
Consider it like insurance for your business brand: a relatively small upfront fee with potentially huge returns in preventing confusion, building trust with customers, and making sure your products or services stand out.
What can’t a trade mark protect?
While trade mark registration is powerful, it doesn’t cover everything. Trade marks also can’t protect common words, one’s own name in most cases, or content that’s already in the public domain. You also can’t trade mark certain words that are purely descriptive of your goods or services. The difference is clear: trade mark rights protect your business brand and identity, while copyright covers creative output. Understanding these key differences helps you decide which type of IP and legal protection your company really needs.
A trade mark won’t protect original works like artistic works, literary works, sound recordings or computer programs – that’s where copyright protection steps in. Copyright exists automatically the moment an original work is created in material form, and the copyright owner can claim copyright without needing to register.
How trade mark and brand identity can protect your consumers.
Registering an Australian trade mark doesn’t just protect your business – it also protects your customers. When a trade mark gives you exclusive legal rights, it ensures that clients can easily distinguish your products or services from those of other businesses. This prevents confusion in the marketplace and helps customers trust that what they’re buying is genuine.
A strong business brand, backed by trade mark rights, provides assurance that they’re getting the real thing, not an imitation. In this way, trade mark registration is not just about legal and professional protection, but about building a clear relationship between your company and your customers. Ultimately, protecting your brand identity also means protecting the people who choose you over competitors.
Protect your brand with trade mark registration.
Are you considering registering a business name, domain, or logo? That’s a strong first step, but it’s important to know that registering a business or domain doesn’t automatically give you trade mark rights. Trade mark registration provides exclusive legal protection for your brand names, logos, slogans, or other brand elements in connection with your products or services.
The trade mark process typically begins with a thorough search to ensure your proposed mark isn’t too similar to existing trade marks. After that, you lodge an application with the relevant trade mark office, which is then examined for compliance with legal requirements. If approved, your trade mark is registered, granting you exclusive rights for an initial period of ten years, with the option to renew indefinitely.
Get started with your trade mark today.
Registered trade marks help you prevent competitors from copying or imitating your brand, provide opportunities to license or sell your brand, and strengthen your overall business identity. For businesses serious about building a recognisable, trusted brand, securing trade mark protection is a vital step.
Our experienced trade mark lawyers guide you through every stage of the process-from searching and application to enforcement – making it simple and stress-free to protect your brand. Contact the team at Actuate IP today to discuss your trade mark strategy and take the first step towards securing your brand’s future.