Consider this if…
- You are choosing or launching a business, product or service name
- You have invested in a logo, packaging, website or customer recognition
- A company name, business name or domain is registered but the brand is not
- You want to license, franchise or sell the brand in future
- You need to decide whether to apply for a word mark, logo or both
How it works
Initial instructions
We learn about the mark, the proposed owner, the business's goods and services and its likely areas of growth.
At the first conversation
Search and filing advice
We assess relevant search results, registrability issues, ownership and the goods and services requiring protection.
Before an application is filed
Application and examination
Within the agreed scope, we prepare the application, file it with IP Australia and report on examination correspondence or objections.
The expected process is confirmed with the scope
Acceptance and registration
If the application proceeds through the required stages, we explain the registration record, use and renewal requirements.
Subject to IP Australia and any objection or opposition
Fee
Quoted in writing before we start
GST inclusive
The scope and fee are confirmed in writing before work begins.
What is a trade mark?
A trade mark is a sign that distinguishes your goods or services from those of other traders. It is often a business name, product name, logo or tagline. It can also take another form, including a shape, colour, sound or aspect of packaging.
A registered trade mark may provide rights in Australia for the goods and services covered by the registration. It can also become an asset that is sold, licensed or used in a franchise arrangement.
Why registration matters
Brand protection across Australia. Registration may protect the mark nationally from its filing date, including places where the business has not yet traded.
A clearer basis for enforcement. A registration certificate provides direct evidence of registered rights. A claim based only on an unregistered brand can require detailed evidence of reputation, sales and advertising.
Protection against an expensive rebrand. A conflicting earlier right may require changes to a name, signage, website, packaging or social accounts. Searching and filing early helps identify that risk before the investment grows.
A transferable business asset. Buyers, investors, licensees and franchisees may expect the business to control the brand it uses. A registered mark can be dealt with as part of a wider transaction.
Trade mark registration checklist
Before filing, we work through:
- The mark to protect: the word or name, the logo, or both
- Searches for earlier registered and pending marks that may create risk
- Whether the mark is sufficiently distinctive for the proposed goods or services
- The correct legal owner and that owner's use or intention to use the mark
- The goods and services requiring protection and the relevant classes
- Planned products, services and markets that may affect the filing strategy
Where a trust structure is being considered, read our family trust guidance before filing. A trust is not itself a legal person, so the proposed ownership and trustee details must be settled carefully.
What's included in the registration service
The agreed scope may include an initial strategy discussion, searches, advice on the proposed mark and owner, preparation of the goods and services description, filing, reporting on examination and guidance through later stages. The exact inclusions depend on the mark and are confirmed before work begins.
Watch for misleading registry invoices
After filing, applicants may receive official-looking invoices from private businesses or fake “trade mark registries”. Do not pay an unfamiliar notice without checking it. Send it to us and we will confirm whether it is genuine.
Protect the brand before someone else does
Searching before a launch can be as important as filing. If you are already trading, bring any existing registrations, business-name details, logo files and examples of use so the advice reflects the brand as it operates now.
This page provides general information only and is not legal advice. Please contact us for advice about your circumstances.
Frequently asked questions
We've registered our business name and domain. Are we protected?
Not necessarily. Business-name, company-name and domain registrations serve different purposes and do not by themselves create the exclusive rights that may arise from a registered trade mark.
Should we register our business name, logo or both?
The answer depends on the distinctiveness of each mark, how the brand is used and the available budget. We assess the word and logo separately before recommending a filing strategy.
Who should own the trade mark?
The proposed applicant must be the correct legal person or entity with the relevant use or intention to use the mark. We settle ownership before filing and can coordinate it with company, trust and licensing arrangements.
How long does registration take and when can we use ™ or ®?
Timing depends on current IP Australia practice and whether objections or opposition arise, so we confirm the expected process when advising. The ™ symbol may be used to claim a mark; the ® symbol is reserved for a registered trade mark.
What if someone is already using a similar name?
Obtain advice before contacting them or committing further money to the brand. Priority, registrations, similarity, reputation and the relevant goods or services can all affect the available options.
Related services
Send the proposed name or logo, the owner details and a description of the goods or services you provide.
Start your trade mark enquiry