Steps to trade mark your logo in Australia

Here’s a simple step-by-step guide to trade marking your logo:

  1. Create a distinctive logo: Unique designs or wordmarks are easier to protect. Avoid generic shapes or common phrases.
  2. Identify your class: Australia uses the Nice Classification system. Based on your business activities, decide which class(es) your logo applies to.
  3. Search for conflicts: Double-check existing trade marks using IP Australia’s ATM system.
  4. Prepare your application: Include a clear image of your logo and a description of the goods or services associated with it.
  5. Submit your application online: File your trade mark application with IP Australia and pay the required fees, which vary depending on the number of classes.
  6. Examination: IP Australia examines your logo for compliance and potential conflicts. You may need to respond to objections.
  7. Acceptance and advertisement: If approved, your logo is published in the official trade mark journal. Other parties have an opportunity to oppose.
  8. Registration: If no oppositions succeed, your logo becomes a registered trade mark, and you’ll receive your certificate of registration and your brand is now legally protected!

Why trade mark your logo?

Your logo is the face of your business – the little design that says ‘this is us!’ at a glance. From striking illustrations to sophisticated wordmarks, logos build brand identity, communicate your values and make customers recognise your unique business. But what happens if another company uses a logo that looks suspiciously similar? That’s where a trade mark comes in.

Trade marking your logo in Australia is a way to legally protect your creative work. A registered trade mark ensures other businesses cannot copy or use your logo, giving you exclusive rights to your unique brand. Here’s a complete step-by-step guide to trade mark registration in Australia.

What’s a wordmark?: A wordmark is a type of trade mark that consists purely of text, usually a business or brand name, stylised in a specific font, typeface or design. It focuses on the words themselves, not images or symbols. Examples include Coca-Cola’s classic script or Google’s highly memorable customised font.

What are the benefits of trade marking a logo?

Trade marking your logo isn’t just a formality, it’s an essential tool for protecting your business identity.

Key benefits include:

  • Exclusive rights: Once your logo is a registered trade mark, you have the exclusive use of it for the goods and services you register. This legally deters competitors from copying your brand.
  • Brand recognition: A trade mark links your logo directly to your business. Think golden arches or the swoosh; they are all legally protected.
  • Legal protection: If other businesses or competitors use your logo without permission, you can enforce your rights.
  • Business credibility: Customers, investors, and partners often view a registered trade mark as a mark of professionalism.
  • Valuable asset: A registered trade mark can be licensed or sold, increasing your company’s overall value.

In short, a trade mark in Australia safeguards your business identity and makes your logo a unique, legally protected asset.

How long does a logo trade mark last for in Australia?

A registered Australian trade mark lasts 10 years from the filing date. You can renew it indefinitely, keeping your logo protected as long as it remains in use and fees are paid. Essentially, your logo can remain a legally safeguarded asset for decades, providing long-term brand security and market advantage.

Where is the value in registering a trade mark?

Trade marking your logo adds more than legal protection – it strengthens business value:

  • Differentiation: A trade mark separates your logo from other businesses and competitors.
  • Revenue opportunities: Licensing your registered trade mark allows others to use your logo for a fee.
  • Investment appeal: Investors appreciate tangible assets like a trade mark that protects your business.
  • Peace of mind: Knowing your logo is legally protected lets you focus on growing your company.

A trade mark is a strategic tool that protects your brand and enhances its long-term value.

Checks to make before you trade mark your logo

Before registering, it’s important to do some homework:

  • Search existing trade marks: Use IP Australia’s ATMOSS database to ensure your logo isn’t already registered by someone else – or – get a skilled Trade Mark Lawyer to help you out.
  • Register your business name: Just make sure that your business name registration is an exact match to what’s on your logo!
  • Check domain names and business names: Make sure your logo and business name match your website and company name registration.
  • Assess similarity: Even logos that aren’t identical but are confusingly similar may be rejected.
  • Consider your market: Your trade mark should stand out in your industry and among competitors.

This pre-check ensures your logo is suitable for trade mark registration in Australia.

Logos that can’t be trade marked in Australia

Not every logo is eligible for a trade mark. IP Australia will refuse registration if your logo doesn’t meet certain criteria, so it’s important to understand the restrictions before you submit a trade mark online.

Some logos cannot be registered if they:

  • Use common words or phrases that describe your goods or services rather than acting as a unique product identifier.
  • Are identical or confusingly similar to existing trade marks, meaning someone else already has rights to the logo or brand.
  • Include offensive or misleading elements, or symbols reserved for government or official purposes.
  • Are simply your own name without distinctive design elements.

For example, a logo that only says ‘Toast’ is unlikely to be successful because it describes the product rather than creating a unique identity. Note that you can still register a business name, but this doesn’t give the same legal protection as a trade mark.

When filling out the trade mark registration form, it’s essential to provide correct contact details, specify all relevant details about your product or service, and carefully respond to any IP Australia queries. Doing so maximises your chances of having your unique brand protected from competitors and other businesses.

How to protect your trade marked logo

Even after you register a trade mark for your logo, keeping it secure requires ongoing efforts. This is because others may decide to copy what you have created, or even accidentally come up with something very similar.

Here’s how to maintain protection:

  • Monitor the market: Watch for other competitors or businesses using similar logos or company names.
  • Enforce your rights: Send cease-and-desist letters or take legal action against infringers.
  • Use your trade mark consistently: Regular use strengthens your legal protection.
  • Renew on time: Keep your trade mark active with timely renewals to maintain your legal rights.

A trade mark is a business asset; use and protect it consistently to maximise its value.

Legal remedies for trade mark infringement

If someone infringes your trade mark, several legal options exist:

  • Cease and desist letters: Often the first step, this letter can be a polite or more firmly worded warning.
  • Negotiation or settlement: Disputes may be resolved outside court through agreements.
  • Court action: Pursue legal action in the Federal Court of Australia for remedies such as injunctions, damages or an account of profits.

Working with a specialist IP lawyer ensures you can enforce your trade mark efficiently and protect your brand from competitors.

Other special circumstances worth considering

Some logos include certain words or phrases, or are similar to other brands in international markets. In these cases, your legal rights may require extra protection through careful drafting, licensing agreements or even registering your logo in other countries. Planning ahead prevents disputes and ensures long-term protection for your unique brand.

Protecting your logo across borders

If your business operates or plans to expand beyond Australia, securing a trade mark internationally is just as important as your local registration. While a registered trade mark in Australia gives you exclusive rights within the country, it does not automatically provide protection in other jurisdictions.

Businesses can apply for international protection through the Madrid System, which allows you to file a single international trade mark application covering multiple countries. This process simplifies registration, reduces costs and ensures your unique brand is protected globally. It also means that international competitors cannot use the trade marked logo without breaching your intellectual property rights.

It’s essential to conduct searches for existing trade marks in each country, consider local laws, and work with an experienced intellectual property lawyer to manage your legal rights, licensing, and enforcement. Doing so prevents competitors in other countries from using your logo and strengthens the value of your brand as it grows internationally.

Trade mark – It’s a smart investment for your brand

Trade marking your logo in Australia is a smart investment for your business’s intellectual property. From initial searches and filing a trade mark application with IP Australia, to monitoring, enforcing, and renewing your registered trade mark, each step protects your unique brand identity and adds value to your business.

Your logo is more than a design – it’s a business asset, and trade mark registration turns it into a legal safeguard against competitors, strengthens credibility and creates potential revenue opportunities.

Let’s talk about trade marking your logo

Ready to protect your logo and secure your brand identity? Contact the team at Actuate IP today for obligation-free advice on trade marking your logo in Australia. We’ll guide you step-by-step through trade mark registration, ensuring your logo is protected and your business is safeguarded from competitors. Book a consultation today to get started.