Your brand is one of your most valuable business assets. Whether it is a name, logo, slogan, or design, registering a trademark in Australia is essential for safeguarding your identity and building long-term value in a competitive market.

Unlike business names or domain names, a registered trademark provides exclusive legal rights that are enforceable under Australian law. This distinction is critical for businesses looking to protect their identity in the marketplace and prevent competitors from copying their brand. This article explains what trademarks are, what you can register, how to register a trademark in Australia, and why legal support is recommended.

What is a Trademark?

A trademark is a legally protected sign that distinguishes your goods or services from those of other businesses. It can take many forms, including:

• Brand names or taglines
• Logos or symbols
• Letters, numbers, shapes, colours, sounds, or scents
• A combination of the above

Trademarks fall under the umbrella of intellectual property and are registered through IP Australia-Trademark, the national agency responsible for administering intellectual property rights.

Why Register a Trademark?

Exclusive Rights

Trademark registration in Australia grants you exclusive rights to use, license, and commercially exploit your mark within the relevant classes of goods or services. It also prevents competitors from using similar branding.

Legal Protection

With a registered trademark, you have enforceable legal rights. You can take action through IP Australia or the courts if another party uses your trademark without authorisation. Trademark protection strengthens your position in potential disputes.

Commercial Value

Trademarks are valuable business assets that can be sold, franchised, or licensed. Registration enhances your credibility, investor appeal, and overall market presence.

Example: A well-known café franchise licensed its logo and name to multiple locations under a registered trademark, enabling consistent branding and ongoing revenue through licensing fees.

Duration of Protection

A trademark registered through IP Australia lasts for 10 years from the official filing date. It can be renewed indefinitely in 10-year increments upon payment of a renewal fee.

Trademark owners can:

• Renew up to 12 months before the expiration date
• Renew within 6 months after the due date (a late fee applies)
• Risk losing protection if not renewed in time

Maintaining your trademark ensures continued exclusivity. Renewal is also an opportunity to review your brand and ensure it still reflects your business strategy.

Learn more about renewing your trademark.

What You Cannot Trademark

Not all marks are eligible for registration. IP Australia will not register trademarks that:

• Are too descriptive of the goods or services (e.g., “Best Milk” for dairy)
• Contain generic terms or common surnames
• Use geographical locations (e.g., “Melbourne Coffee”)
• Include prohibited symbols (e.g., Australian flag, Red Cross)
• Contain restricted words (e.g., “bank,” “university,” “chartered”) without approval

Attempting to register these may lead to delays or rejections. Consult a legal expert to assess registrability before applying.

See more: What can’t be a trade mark?

How to Register a Trademark in Australia

The following outlines the trademark registration process Australia:

1. Identify What You Want to Trademark

Choose the name, logo, phrase, or other brand element to protect. It must be distinctive, non-descriptive, and clearly associated with your business.

2. Conduct a Trademark Search

Use the trademark search tool to ensure your mark does not conflict with existing trademarks.

3. Choose the Right Trade Mark Classes

Trademarks are grouped into classes based on goods or services. Accurate classification is crucial. Use the classification search tool to determine where your business fits.

4. Lodge Your Application

Submit your application through IP Australia:

• Standard Application (from $250 per class)
• TM Headstart-Australia (from $330 per class) – a pre-assessment tool to identify potential issues early

Start your Trademark Application-Australia.

5. Examination and Publication

IP Australia reviews the application (3–4 months). If accepted, it is published in the Australian Official Journal of Trade Marks.

6. Opposition and Registration

A 2-month opposition period allows third parties to object. If no objections are received, your trademark is registered and protected for 10 years.

Common Reasons for Rejection

Trademark applications may be refused for the following reasons:

• Too generic or descriptive (e.g., “Fast Plumbing” for plumbing services)
• Similarity to existing trademarks in sound, appearance, or meaning
• Incorrect classification of goods or services
• Use of restricted or prohibited content

Legal support can help avoid these issues. An intellectual property lawyer can assist with search, classification, and formal response to objections.

Business Name vs Trademark

A business name identifies your legal trading name, and a domain name directs users to your website—but neither provides exclusive rights. Only a registered trademark gives you enforceable legal rights under the Trade Marks Act 1995 (Cth), allowing you to prevent others from using similar branding.

Understanding the difference between a business name vs trademark is essential. Trademark registration offers legal protection, commercial security, and brand value across all platforms.

Why Legal Advice Matters for Trademark Registration

While you can apply for a trademark on your own, professional assistance helps avoid costly errors and rejections. An experienced intellectual property lawyer in Australia can:

• Accurately classify your goods/services
• Conduct a thorough risk assessment
• Handle objections and formalities
• Monitor and enforce your trademark rights over time

Whether you are registering your first mark or expanding a brand portfolio, legal advice ensures your trademark strategy aligns with your business goals.

Contact Pentana Stanton Lawyers today to consult a qualified IP lawyer who can support your trademark registration from start to finish.