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As a business, one of the most important markers of your success is your brand. Branding is how you distinguish yourself from others – be it your business name, a slogan or your logo. A strong, well-protected brand not only sets you apart but also boosts your overall market value over time.
If you want to prevent others from using your brand, you should consider registering a trade mark. For more detailed guidance on protecting your intellectual property, check out our article on protecting your IP with a trade mark.
Here are 6 key things you need to know about registering a trade mark in Australia in 2025:
1. What Is A Trade Mark?
A trade mark is a unique sign that distinguishes your products and services from those of others. It is a valuable asset that encapsulates your business’ brand identity and reputation.
Most commonly, businesses register the name, logo, or slogan. However, a trade mark can also be a distinctive shape, colour, sound or even scent. In short, anything that makes your brand recognisable to consumers can potentially be registered as a trade mark.
2. Benefits Of A Trade Mark
Registering a trade mark can help create a memorable customer experience, foster brand loyalty and drive repeat business. It also gives you exclusive rights to use that trade mark in Australia and provides a legal pathway to prevent others from using a similar mark for related goods and services.
You can benefit from:
- Exclusivity: Enjoy the exclusive right to use your trade mark across Australia for an initial period of 10 years, with the option to renew indefinitely.
- Legal Protection: Gain the ability to take legal action against others who try to use your trade mark for similar products or services.
- Licensing Opportunities: Authorise third parties to use your trade mark under licence arrangements – a powerful tool when working with producers, distributors, or sellers.
- Enhanced Business Value: A registered trade mark is a quantifiable asset that can be bought, sold, or transferred, thereby increasing the overall value of your business.
For further insights, do have a look at our guide on Trade Marks: What and Why.
3. To Protect A Trade Mark, You Need To Register It
There is a common misconception that registering your business name with ASIC prevents others from using that name. While it is necessary to register your business name if you’re trading under it, such registration does not grant you exclusive rights over the name. Instead, if you want the legal authority to stop others from imitating your brand, you need to register it as a trade mark.
In Australia, trade mark registration is administered by IP Australia.
4. Not Everything Can Be Trade Marked
If your proposed trade mark merely describes your product or service – or consists of common, everyday terms – IP Australia may refuse your application. Likewise, if your trade mark is too similar to an existing registered mark, it might be rejected.
To be accepted, a trade mark must be sufficiently distinctive. Avoid potential pitfalls by conducting refined research using IP Australia’s search tool and supplementing it with a comprehensive online search. You might also find our article on Trade Mark vs Copyright useful for understanding the unique protections offered by a trade mark.
5. The Application Process
Before applying for a trade mark, it’s crucial to clearly and precisely describe your mark, as this will determine the scope of your protection. Ensure you undertake thorough research to verify that your trade mark is available and does not infringe on an existing one.
A good starting point is using IP Australia’s free checking tool to identify any potential conflicts. Additionally, if you’re also navigating broader business setup concerns, be sure to consult our guide on Registering a Business in Australia.
Once your research is complete, you can lodge your application with IP Australia and pay the appropriate fee. As of 2025, the process typically takes around 9 to 12 months from lodgement to registration, provided there are no significant oppositions or complications.
6. Cost Of Registration
IP Australia’s fees are published on their official website and are subject to periodic updates. It is wise to review these fees prior to lodging your application.
If your trade mark is a fundamental component of your business, engaging a trade mark lawyer might be a prudent investment. Although this incurs additional legal fees, professional advice can help you understand associated risks and minimise issues in the long run.
7. Ongoing Maintenance and Renewal
Once your trade mark is registered, maintaining and protecting it becomes an ongoing commitment. In 2025, your trade mark is protected for 10 years from the registration date, with the option to renew indefinitely. It is important to monitor the market for any potential infringements and to continue using your trade mark actively. For further guidance on safeguarding your intellectual property, visit our tips on protecting your IP.
Conclusion
In today’s competitive landscape, especially in 2025, a robust brand strategy is key to carving out your market niche. Thorough research and a carefully drafted trade mark application can save you from future legal hassles and ensure that your brand remains uniquely yours.
Remember, protecting your trade mark is an ongoing process. It’s always a good idea to consult with a trade mark lawyer who can provide tailored advice to suit your business needs. At Sprintlaw, we offer a range of fixed-fee packages designed to help you secure and maintain your trade mark with confidence. Get in touch to find out more!
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