Your Trademark Questions - Answered.

A trademark is a sign, symbol, word, or combination of these used to distinguish the goods or services of one business from another. In Australia, trademarks are protected under the Trade Marks Act 1995. Once registered, the owner has exclusive rights to use the trademark for the registered goods or services.

Registering a trademark gives your business exclusive rights to use the mark and legal protection against unauthorised use by others. It strengthens your brand (e.g., by preventing brand dilution), adds value to your business, and helps prevent others from copying or imitating your brand identity.

A wide variety of signs can be registered, including words, logos, phrases, shapes, sounds, smells, colours, or a combination of these. However, the mark must be distinctive and not similar to existing registered trademarks in your industry.

A registered trademark lasts for 10 years from the filing date, after which it can be renewed indefinitely in 10-year increments, as long as renewal fees are paid to IP Australia.

No, registering a business name does not provide the same rights as a trademark.

A business name registration allows you to trade under a certain name, but it does not give you exclusive rights to that name. To protect your brand identity, you need to register the name as a trademark.

Importantly, there are many cases of people who successfully register a business name which still infringes a third party's trademark and thus have to rebrand.

A company name is the legal name under which your company is registered with ASIC.

A trademark, on the other hand, protects the branding used in connection with your goods or services.

Unlike a trademark, a company name does not provide you exclusive rights to use that name in connection with your goods or services.

Indeed, there are many examples of people registering company names which still infringe a third party trademark, and thus have to rebrand.

Yes, a domain name can be registered as a trademark if it functions as a brand identifier and meets the criteria for registration. However, simply owning a domain name does not automatically grant trademark rights. You must apply for and obtain a registered trademark to protect it.

A domain name is your website’s address on the internet (e.g., www.yourbusiness.com.au), while a trademark protects your brand in the marketplace. Registering a domain name does not provide exclusive rights to that name outside of the domain registration system. To gain exclusive rights to your brand, you should register it as a trademark.

Yes. A domain name registration only prevents others from using the same domain but does not offer protection for the name in relation to goods or services. Registering the name as a trademark provides legal protection and the exclusive right to use it in commerce.

• Assuming that registering a business name, company name or domain means you are free to use it.

• Not conducting a proper trademark search before launching a new brand or product.

• Failing to renew trademark registrations, which can lead to loss of protection.

• Selecting and using a trademark that is too descriptive of the associated goods or services, which may prevent successful registration.

Before applying, you can conduct a search on the IP Australia trademarks database or ask a registered Australian trademarks attorney to carry out a more comprehensive search. This helps ensure that your desired trademark (or something like it) is not already registered by another business.

Yes, once your application is accepted, it will be advertised in the Australian Official Journal of Trade Marks. Other parties then have a two-month window to oppose the registration if they believe your trademark conflicts with their existing rights.

If you believe someone is using your trademark without permission, you should seek legal advice from a trademarks attorney. Possible actions include sending a cease-and-desist letter or taking legal action for infringement, which can result in injunctions or financial compensation.

While it’s possible to apply for a trademark yourself through IP Australia, a trademark attorney can help ensure your application meets all requirements and reduce the risk of rejection. Attorneys can also conduct searches, handle oppositions, and provide strategic advice on protecting your brand.

The cost varies depending on the type of application and the number of classes of goods or services. IP Australia charges an official fee for filing, and additional costs may apply for using a trademark attorney or renewing your trademark after 10 years.

A simple trademark application, from filing all the way through to examination and registration, may cost as little as $800.