- Blog
- April 30, 2026
Here’s something that happens more often than you’d think. A client calls us and says, “I need to patent my logo.” Or, “I want to trade mark my invention.”
There’s no shame in mixing these up. IP terminology is confusing, and frankly, the industry hasn’t done a great job of explaining it in plain language. But getting the wrong type of protection – or worse, not knowing what’s available – can leave your business exposed in ways you didn’t anticipate.
So let’s untangle the three main types of registered IP protection in Australia: patents, trade marks, and designs. By the end, you should have a much clearer picture of which one (or which combination) your business might need.
The Quick Overview
Patent | Trade Mark | Design | |
What it protects | An invention – how something works (a product, process, system, method) | A brand identifier – your name, logo, slogan, or other sign that distinguishes your business | How a product looks – its shape, pattern, configuration, or ornamentation |
Duration | Up to 20 years (25 for pharmaceuticals) | 10 years, renewable indefinitely | Up to 10 years |
Key requirement | Must be novel and inventive | Must be distinctive | Must be new and distinctive |
Typical timeline | 1–5+ years | 7–12 months | A few weeks to months |
Typical cost range | $5,000–$20,000+ (AU) | $1,200–$3,000+ (AU) | $1,500–$4,000+ (AU) |
Now let’s go deeper.
Patents: Protecting How Something Works
A patent protects an invention. Not an idea in the abstract – you can’t patent a vague concept – but a specific, concrete product, process, method, or system that does something useful.
If you’ve developed a new mechanical device, a novel manufacturing process, a unique software algorithm that solves a real-world problem, or a pharmaceutical formulation, a patent might be the right fit.
A patent gives you the exclusive right to commercially exploit that invention in Australia for up to 20 years. That means nobody else can make, use, sell, or import your invention without your permission. It’s a powerful commercial tool – but it comes with obligations. You have to fully disclose how your invention works (that’s the deal: monopoly in exchange for public knowledge), and you have to maintain the patent through annual renewal fees.
Patent applications require careful drafting. The patent specification is both a technical document and a legal one, and the quality of the drafting directly affects the scope and enforceability of your protection. This is core work for patent attorneys, and it’s not something we’d recommend tackling without professional help.
We discuss the patenting process in more detail on our patents page and in our earlier blog post on how to protect an invention in Australia.
Trade Marks: Protecting Your Brand Identity
A trade mark protects the signs that distinguish your business, goods, or services from everyone else’s. Most commonly, that’s a business name, a product name, a logo, or a tagline. But trade marks can also cover less obvious things like sounds, colours, shapes, or even scents – anything that consumers associate with your brand.
Here’s a scenario we see regularly. A business has been operating under a particular name for years. They’ve built a loyal customer base. Then one day they discover a competitor has started using an almost identical name. Without a registered trade mark, their options are limited and expensive. With one, they have clear legal grounds to put a stop to it.
Trade mark registration is renewable indefinitely – as long as you keep paying the renewal fees every ten years. Some of the world’s most valuable trade marks have been registered for over a century. They’re among the most enduring assets a business can own.
If you’re curious about costs and the registration process, our dedicated trade marks page has more detail, and we’ve covered common registration mistakes in a previous blog.
Designs: Protecting How Something Looks
Design registration protects the outward appearance of a product – its shape, configuration, pattern, or ornamentation. It doesn’t protect how the product works (that’s a patent’s job) or the brand name on it (that’s a trade mark’s job). It protects the aesthetic, the look and feel.
Think of a distinctive piece of furniture, a uniquely shaped bottle, an ornamental pattern on a textile, or an elegantly designed electronic device. If the visual appearance of your product is what gives it commercial appeal and sets it apart, design registration can prevent competitors from copying that appearance.
Design registrations are often quicker and cheaper to obtain than patents, but they’re also narrower in scope. They protect a specific visual appearance, not the underlying functionality. For many products, a combination of patent and design protection gives the most comprehensive coverage.
So Which One Do You Need?
Honestly? Many businesses need more than one.
Consider a Melbourne-based company that’s developed a new type of reusable coffee cup. The innovative hinge mechanism that keeps the lid sealed? That could be patented. The company’s name and logo? Those should be trade marked. The distinctive curved shape of the cup itself? That could be protected as a registered design.
Three different types of IP, each protecting a different aspect of the same business.
The right strategy depends on your business, your industry, your budget, and your goals. At Ascot Martin, part of what we do in that first meeting is help you map out which types of protection are most relevant and commercially valuable for your specific situation. Sometimes a single trade mark is all you need. Other times, a coordinated strategy across patents, trade marks, and designs makes more sense.
The worst outcome is not knowing what’s available and leaving something valuable unprotected.
Common Myths We Hear
“My business name is registered, so I’m protected.”
No. Registering a business name with ASIC is not the same as registering a trade mark. Business name registration gives you the right to trade under that name. It does not give you exclusive rights to the name, and it does not prevent someone else from trade marking a similar name. This is such a common misunderstanding that we’ve dedicated an entire blog post to it (see Post 4 below).
“Patents are only for big companies.”
Not true. Many of our clients are individual inventors, startups, and small businesses. In fact, SMEs that hold IP rights grow faster on average than those that don’t. A patent doesn’t have to cover a world-changing invention. It just has to be novel, inventive, and useful.
“I can sort this out later once the business takes off.”
This is probably the most expensive myth. If you publicly disclose your invention before filing a patent, you may lose the right to patent it. If you build a brand without trade marking it, someone else might beat you to it. IP protection works best when it’s considered early – ideally before launch.
Frequently Asked Questions
Can one thing be protected by all three types of IP?
Absolutely. A single product can have its mechanism patented, its brand trade marked, and its appearance registered as a design. Each protects a different dimension.
What if I can only afford one type of protection right now?
Start with whatever protects the most commercially valuable aspect of your business. For most businesses, that’s the brand (trade mark). For tech or product companies, it might be the invention (patent). We can help you prioritise.
How do I know if my idea is patentable?
You need a professional assessment. At Ascot Martin, we can provide a preliminary view in an initial meeting (which is cost-free and obligation-free) and then conduct a more detailed search if warranted.
Not sure which type of IP protection your business needs? Let’s work it out together. Book a free, obligation-free initial consultation with Ascot Martin contact-us.