- Blog
- November 22, 2025
Written from the perspective of Melbourne-based trade mark attorneys for Australian businesses. Informational only – not legal advice.
Why trade mark registration matters in Australia
Your brand is often the first and most enduring connection your customers have with your business. A distinctive name, logo or tagline can carry immense commercial value – but only if it’s protected properly.
In Australia, trade mark registration gives you the exclusive right to use, license and defend your brand across the country for your nominated goods and services. Despite this, many Australian businesses delay or mishandle the registration process, leaving valuable brand equity exposed to competitors.
This comprehensive guide explains how trade mark registration works under Australian law, common mistakes businesses make, and practical steps to protect your brand effectively.
1. Understanding trade marks in Australia
A trade mark is a sign used to distinguish your goods or services from those of others. It may include:
- Words, letters or numbers (e.g., your brand name or product series)
- Logos, shapes, colours, sounds, scents, or a combination of these elements
In Australia, trade marks are governed by the Trade Marks Act 1995 (Cth) and administered by IP Australia.
Registered vs unregistered trade marks
Aspect | Registered Trade Mark | Unregistered Mark |
Legal Protection | Exclusive nationwide right to use | Limited to “passing off” or misleading conduct under common law |
Enforcement | Easier and less costly | Requires proving reputation and confusion |
Value to Investors | High – can be licensed or sold | Minimal |
Duration | Renewable indefinitely every 10 years | Dependent on use and reputation |
2. The trade mark registration process
A well-planned registration process reduces cost and delay. The main stages are:
Step 1 – Pre-filing search
Search for identical or similar marks in the IP Australia database. A comprehensive search covers:
- Similar spellings and phonetics
- Partial matches in relevant classes
- Common-law uses and business names
Step 2 – Choose the correct classes
Trade marks are registered for specific goods and services, grouped into 45 classes. Selecting the wrong classes is a frequent error (see Mistake #2 below).
Step 3 – Prepare and file the application
Your application should accurately identify:
- The owner (individual, company, or trust)
- The mark representation (word, logo or composite)
- The relevant goods/services and classes
Step 4 – Examination
An examiner at IP Australia assesses:
- Formalities (ownership, representation)
- Distinctiveness (is the mark capable of distinguishing?)
- Conflicts with prior marks
If issues arise, an adverse report is issued; you generally have 15 months to respond.
Step 5 – Acceptance and opposition
Once accepted, the mark is advertised for two months. Third parties can oppose during this period.
Step 6 – Registration
If unopposed (or successfully defended), your mark registers. Protection dates back to the filing date and can be renewed indefinitely in 10-year increments.
3. Common mistakes businesses make – and how to avoid them
Mistake #1 – Using a mark before checking availability
Many businesses invest in signage, packaging and marketing only to discover that another party already holds a similar trade mark. This can lead to re-branding costs and potential infringement risk.
How to avoid it:
- Conduct a comprehensive clearance search before launching.
- Search not only IP Australia but also ASIC, domain names, and social media handles.
Mistake #2 – Choosing the wrong classes of goods or services
The protection scope depends on the classes selected. Registering under the wrong classes leaves gaps competitors can exploit.
Example of class groupings (simplified):
- Class 25 – Clothing, footwear, headgear
- Class 35 – Retail or wholesale services
- Class 9 – Computer software, electronics
How to avoid it:
- Map out all current and near-future goods/services.
- Seek professional guidance on class coverage and wording of specifications.
Mistake #3 – Filing under the wrong owner name
Ownership determines who can enforce and renew the mark. Errors include filing in the founder’s name when the business operates through a company or trust.
How to avoid it:
- File under the entity actually using or intending to use the mark.
- Keep ownership consistent with other IP assets (patents, designs).
- Document any assignments formally.
Mistake #4 – Assuming a business name or domain equals protection
Registration of a business name, company name, or domain does not provide exclusive IP rights. These are administrative identifiers only.
How to avoid it:
- Always obtain registered trade mark protection in addition to any business registration.
- Use consistent spelling and presentation across assets.
Mistake #5 – Using descriptive or generic terms
Marks such as “Melbourne Coffee Co.” or “Fast Legal Services” lack distinctiveness and are difficult to register.
How to avoid it:
- Choose unique, coined or suggestive words rather than descriptive phrases.
- If the descriptive element is important (e.g., location), combine it with a distinctive component.
Mistake #6 – Delaying filing until after launch
Once you disclose your brand publicly, competitors can file first or challenge your claim. Australia’s system generally awards rights to the earliest filer.
How to avoid it:
- File early-ideally before launch or marketing release.
- Even a pending application can deter imitators.
Mistake #7 – Neglecting overseas protection
Australian registration protects you only within Australia. If you plan to export, manufacture, or license overseas, extend protection internationally.
How to avoid it:
- Use the Madrid Protocol (via IP Australia) to designate multiple countries efficiently.
- File within six months of your Australian filing to retain priority.
(See our page on International IP Protection.)
Mistake #8 – Ignoring renewal deadlines
Trade marks expire if renewal fees are not paid on time.
How to avoid it:
- Calendar renewals (every 10 years).
- Assign responsibility internally or through your attorney to manage reminders.
Mistake #9 – Failing to police unauthorised use
Registration alone doesn’t prevent misuse; active monitoring is required.
How to avoid it:
- Set up watch services to track new filings or similar uses.
- Address infringements promptly and proportionately.
Mistake #10 – Inconsistent trade mark use
Using variations of your registered mark (e.g., adding extra words or altering logos) can weaken rights or cause registration vulnerability.
How to avoid it:
- Use the mark exactly as registered, especially on packaging and digital platforms.
- If branding evolves, consider filing updated applications.
4. Distinctiveness – the cornerstone of a strong trade mark
Distinctive marks are easier to register and enforce. IP Australia classifies them along a spectrum:
Category | Example | Registrability |
Invented / Coined | “Kodak”, “Xero” | Very strong |
Arbitrary (unrelated to goods) | “Apple” for computers | Strong |
Suggestive | “Netflix” for streaming | Generally registrable |
Descriptive | “Fresh Bread Bakery” | Weak |
Generic | “Coffee” for coffee | Not registrable |
When developing a new brand, aim for the top three categories to maximise legal and commercial strength.
5. Maintaining your rights after registration
Once registered, keep the mark in active commercial use and consistent form. Non-use for three continuous years may expose it to removal.
Best practices:
- Use ® symbol only after registration (™ can be used earlier).
- Keep evidence of use (advertisements, invoices, packaging).
- Renew on time.
- Update ownership details promptly if corporate structures change.
6. Trade mark disputes and opposition
During the two-month advertisement period, other parties may oppose registration on grounds such as prior ownership or similarity.
If an opposition arises:
- You’ll receive notice via IP Australia.
- There are strict deadlines for evidence and submissions.
Professional representation helps manage these procedures efficiently and maintain rights.
7. Integrating trade marks with your broader IP strategy
A trade mark rarely stands alone. It should be integrated with your other IP assets:
IP Type | Protects | Typical Duration | Overseen By |
Trade mark | Brand identity | 10 years, renewable | IP Australia |
Patent | Technical invention | Up to 20 years | IP Australia |
Design | Product appearance | Up to 10 years | IP Australia |
Copyright | Original artistic/literary works | Life + 70 years | Automatic |
Creating an IP portfolio across categories provides layered protection.
8. Trade mark strategy for start-ups and growing businesses
Stage 1 – Concept & naming
- Conduct clearance searches early.
- Choose distinctive, future-proof names.
Stage 2 – Pre-launch
- File trade mark applications before public use.
- Secure domain names and social handles.
Stage 3 – Growth & expansion
- File additional marks for sub-brands or new markets.
- Monitor competitors and licensing partners.
Stage 4 – Maturity
- Renew, maintain and enforce consistently.
- Explore international expansion through the Madrid System.
9. Practical checklist for Australian businesses
Task | Status |
Conducted a clearance search | ☐ |
Selected correct classes | ☐ |
Confirmed ownership structure | ☐ |
Filed trade mark application | ☐ |
Monitored IP Australia acceptance | ☐ |
Scheduled renewals | ☐ |
Implemented brand usage guidelines | ☐ |
Considered international filings | ☐ |
Completing this checklist helps ensure the brand remains protected throughout its lifecycle.
10. Frequently asked questions
Q: How long does registration take?
Typically 7–10 months, depending on IP Australia workloads and whether objections arise.
Q: Can I register a logo and word mark together?
Yes, but separate registrations (word and device) provide broader flexibility.
Q: Do I need an attorney?
Not legally required, but experienced trade mark attorneys can help draft precise specifications, respond to reports and manage deadlines-reducing risk.
Q: Can I change ownership later?
Yes, through an assignment process recorded at IP Australia.
Q: Is international protection automatic?
No. You must file separately or via the Madrid Protocol within 6 months to claim the same priority.
11. Next steps
- Review your current brands and trade mark status.
- Conduct a clearance search before your next product or marketing launch.
- Visit our Trade Marks page for details on our services.
Contact our Melbourne office for guidance specific to your business.