Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
Got a catchy tagline or brand phrase that customers love? If it’s central to your brand, it’s worth protecting. Registering a trade mark over a phrase can stop competitors from using confusingly similar wording and help you build long‑term brand value in Australia.
In this guide, we’ll walk through what it means to trademark a phrase, how to check if yours is eligible, the step‑by‑step process with IP Australia, and how to use and enforce your rights once it’s registered. We’ll also flag common pitfalls and how to avoid them so you can secure your brand the right way.
What Does It Mean To Trademark A Phrase In Australia?
In Australia, a trade mark is a sign that distinguishes your goods or services from others. A “sign” can be a word, phrase, logo, letter, number, image, shape, sound or even a scent. Registering a trade mark gives you the exclusive legal right to use that sign for the goods or services you nominate, and to stop others from using something confusingly similar.
When you trademark a phrase, you’re protecting that exact wording (and sometimes how it looks, if filed in a stylised form) as used in connection with your offerings. Think of it as owning your brand’s catchphrase in the marketplace for your specific categories of products or services.
It’s important to remember that a trade mark is different to a business name. Registering a business name or company name doesn’t give you exclusive ownership over a phrase the way a trade mark does. If you’re weighing up your registrations, it helps to understand the difference between a business name and company name, and when trade mark protection adds real value to your brand strategy.
Many businesses secure core brand assets together: their name, logo and any distinctive slogans. If your phrase is a key part of how customers recognise you, trade mark registration is usually a smart move.
Can You Trademark Any Phrase?
Not every phrase can be registered. IP Australia applies specific rules to make sure trade marks actually distinguish a brand-rather than giving someone a monopoly over common or purely descriptive terms.
Distinctiveness is key
To qualify, your phrase needs to be capable of distinguishing your goods or services. The more unique and brand‑specific the wording, the better. Made‑up words or unusual combinations generally have stronger distinctiveness.
Avoid purely descriptive or generic wording
Common phrases that simply describe your product, a quality, the intended purpose or geographic origin usually won’t get through (for example, “Fresh Organic Apples” for fruit). If your phrase feels like marketing copy anyone in your industry would use, it may struggle. Consider making it more distinctive, or pairing words in a way that creates brand impact rather than description.
Ensure your phrase isn’t already taken (or too close)
If a similar trade mark is already on the register for the same kinds of goods or services, your application can be blocked. This is why a thorough search is critical before you file.
Watch for prohibited or misleading content
Certain phrases can’t be registered-like those that are scandalous, likely to deceive consumers, or contain restricted words or symbols without permission (for example, official emblems).
Consider how you’ll use it
You must intend to use the phrase as a trade mark in Australia for the goods and services you select. If the phrase is just a temporary campaign line with no plans for ongoing use, consider whether registration is the right tool, or whether other measures (like contracts) better suit your timing.
Step‑By‑Step: How To Trademark A Phrase
Here’s a practical roadmap to take your phrase from idea to registered trade mark with IP Australia.
1) Do a clearance search
Start by checking whether anyone has already registered or applied for an identical or confusingly similar phrase. Look for variations in spelling, spacing, punctuation and word order.
Go beyond exact matches-consumers don’t see brand assets in a vacuum, and examiners assess “deceptive similarity.” A professional search can help uncover risks early and save you from investing in a phrase that’s hard to protect.
2) Decide what you’re protecting: word vs stylised
Most businesses file their phrase as a word mark (standard characters) so it’s protected regardless of font or styling. If your distinctiveness relies on a specific design or arrangement, you might also file a separate stylised version. Think about long‑term brand use and flexibility.
3) Choose the right classes and descriptions
Trade mark rights are registered in “classes” that group goods and services. Selecting classes is strategic: too narrow and you’ll leave gaps; too broad and you’ll face higher fees and potential objections.
A helpful starting point is understanding Australian trade mark classes and how to write clear, accurate descriptions that match how your business operates now and where it’s heading.
4) Prepare and file your application
When you’re ready, lodge your application with IP Australia. You’ll need details like the owner’s legal name, address for service, a clear representation of the phrase, and the nominated classes and descriptions.
You can file directly or engage a lawyer to handle the process. If brand protection is critical to your growth plans, many owners prefer to register a trade mark with legal support to improve the application strategy and reduce avoidable objections.
5) Examination and responses
IP Australia examines your application, typically within a few months. They may raise issues like lack of distinctiveness or conflicts with earlier marks (these are called “adverse reports”).
If you receive an objection, don’t panic. You’ll usually have time to respond with legal arguments, evidence of use, or amendments to the specification. Addressing objections well is often the difference between success and refusal.
6) Acceptance, opposition and registration
If the examiner is satisfied, your application is accepted and advertised. There’s then a two‑month window where others can oppose it. If no opposition is filed (or you successfully defend an opposition), your phrase proceeds to registration once the government fee is paid.
Registration gives you enforceable rights from the filing date. You’ll also get a registration certificate and can start using the ® symbol in Australia for the goods and services covered.
7) Use it properly from day one
Consistent and correct use matters. Use your trade mark as an adjective (not a noun where possible), keep the phrase as filed (avoid altering distinctive elements), and use the ™ symbol while pending and the ® symbol after registration (for goods/services actually covered).
Costs, Timelines And Maintenance
Budget and planning are part of a smart trade mark strategy. Here’s what to expect at a high level.
Application fees
Government fees depend on how you file and how many classes you choose. Legal fees are additional if you engage a lawyer (which many businesses do to strengthen their application, manage objections and avoid costly rebranding later).
Timeline
From filing to registration, a straightforward application can take around 7-9 months. Objections, oppositions or specification changes can extend the timeline.
Renewals
Australian trade marks last 10 years from the filing date and can be renewed indefinitely in 10‑year blocks, as long as you keep paying renewal fees and keep using the mark for the registered goods/services. Planning for brand longevity often includes tracking deadlines and keeping your specification aligned with how your business evolves.
Ownership and assignments
It’s best practice for the operating entity (for example, your company) to own the trade mark. If you restructure or sell the business, you may need an assignment or licence to keep ownership aligned with your commercial setup. Where you plan to let others use your phrase (for example, partners or franchisees), an IP Licence sets the rules around quality control and permitted use.
Using And Enforcing Your Trade Mark
Registration is step one; consistent use and proactive enforcement keep your rights strong.
Use the correct symbols and keep records
Use ™ before registration and ® after registration (for the registered goods/services). Keep examples of use-like marketing materials, website pages and invoices-to help prove use if needed.
Set clear rules when others use your phrase
If you collaborate or white‑label, control how others use your phrase. A well‑drafted IP Licence can cover territories, channels, quality control and termination. If you’re discussing sensitive brand concepts before filing, use a Non‑Disclosure Agreement to protect confidentiality.
Brand use across your website and marketing
Your online presence should align with your trade mark strategy. Publish clear Website Terms and Conditions and a compliant Privacy Policy if you collect any personal information. Ensure your brand assets (including your protected phrase) appear consistently across pages, product listings and metadata.
Monitor and act on infringements
Set up monitoring for confusingly similar uses by competitors (online and offline). If you spot an issue, the first step is usually a firm but proportionate letter requesting they stop. If needed, escalate through formal legal avenues-but timing and tone matter. A measured approach helps achieve outcomes while protecting your reputation.
Keep your brand strategy aligned
As your business grows, revisit whether your phrase still fits your positioning, whether you need to file in more classes, or whether you should add protection for new slogans or sub‑brands. If you’re planning a big rebrand, consider availability and registrability before you launch to avoid avoidable headaches.
Don’t confuse trade marks with names
Trade marks, business names and company names serve different purposes. A registered trade mark gives you exclusive rights; a business or company name is a compliance requirement and public identifier. If you’re juggling both, it’s helpful to revisit how a business name compares to a company name and where trade marks fit so you’re covered on all fronts.
Common Mistakes When Trademarking A Phrase
Avoid these pitfalls to save time and cost.
- Filing before searching: Skipping a proper clearance search can lead to objections, oppositions or a forced rebrand later.
- Choosing weak wording: Highly descriptive phrases are hard to register and harder to enforce. Aim for distinctive language.
- Picking the wrong classes: Too narrow leaves gaps; too broad invites objections and fees. Align classes to your actual and planned use.
- Inconsistent brand use: Altering the phrase significantly after filing or mixing styles can weaken protection.
- Letting others use it without rules: Always document permissions and control quality via an IP Licence where appropriate.
- Relying on registration alone: Combine trade marks with strong contracts, website policies and clear brand guidelines.
FAQs About Trademarking A Phrase
Do I need to include a logo?
No. If the phrase itself is distinctive, a word mark is often best because it protects the words regardless of styling. You can add a stylised version separately if design features also matter.
What if IP Australia says my phrase is descriptive?
You may be able to respond with arguments or evidence of acquired distinctiveness through use, or consider adjusting your filing strategy. Early advice can help determine the best path forward.
Can I file before I launch?
Yes-if you intend to use the phrase in Australia for the listed goods/services. Filing before launch can be smart if you want to clear the path and avoid conflicts.
How many classes should I choose?
Only as many as you need. Focus on how you use (and intend to use) the phrase over the next few years. Understanding trade mark classes will help you scope coverage sensibly.
What about renewals?
Trade marks last 10 years and can be renewed indefinitely. Diarise your deadlines and keep records of use so your rights remain strong.
Key Legal Documents To Support Your Brand
Trade marks are most effective when backed by the right paperwork.
- Trade Mark Application and Strategy: A robust filing strategy improves the odds of smooth registration and stronger enforcement. Many businesses choose to register their trade marks with legal support for this reason.
- Non‑Disclosure Agreement (NDA): Use an NDA when sharing your phrase, branding or marketing concepts with agencies, partners or freelancers before you file.
- IP Licence: If others will use your phrase (for example, distributors, franchisees, co‑marketing partners), an IP Licence sets quality controls and limits how the brand is used.
- Website Terms and Conditions: Your online store or site should have clear Website Terms and Conditions to set expectations and reduce disputes.
- Privacy Policy: If you collect any personal information (newsletters, checkout or contact forms), a compliant Privacy Policy is essential under Australian privacy law.
- Company and Naming Strategy: Make sure your entity owns the IP, and that your brand registrations complement your naming and structure plans. If you’re still deciding how to name and structure things, it’s useful to clarify business name vs company name and the role of trade marks in brand protection.
Key Takeaways
- Trade marking a phrase in Australia gives you exclusive rights to use it for nominated goods/services and to stop confusingly similar uses.
- Distinctiveness is critical-avoid phrases that are purely descriptive or generic for your industry.
- A strong filing covers the right classes, aligns with your real use, and is backed by a proper search and clear strategy.
- Expect several months from filing to registration; plan for 10‑year protection with ongoing renewals and consistent use.
- Combine trade mark registration with practical tools like NDAs, IP licences, Website Terms and a Privacy Policy to protect and control brand use.
- Monitor the market and enforce your rights proportionately to keep your phrase distinctive and valuable over time.
If you’d like a consultation on how to trademark a phrase for your Australian business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
