Protecting Your IP With A Trade Mark (2025 Updated)

Contents

What Is A Trade Mark?

Registering your business name and logo as a trade mark gives your business exclusive rights to use that mark for specific goods and services. Trade mark registration is essential for protecting your brand, image and reputation in today’s competitive 2025 market. Without a registered trade mark, a competitor might adopt a similar name or logo—potentially causing consumer confusion and even restricting your ability to use your own design.

When Do I Need It?

Your business’s reputation is built on the distinctiveness of your name and logo, so safeguarding these assets with a registered trade mark is pivotal from the outset. Even if you’re in the early stages of launching your venture, securing a trade mark now can prevent costly disputes later on.

As your business grows in 2025, registering a trade mark becomes even more important. Bear in mind that the registration process can take approximately 8 to 10 months, so planning ahead is key to ensuring continuous legal protection for your brand.

How Do I Use It?

You can apply to register your trade marks with a government agency called IP Australia, which protects your brand within the country. IP Australia charges a fee per trade mark application and the process typically takes around 8 months from submission to registration. While it’s possible to complete the application yourself using online tools like the trade mark checker, many business owners find it beneficial to consult a lawyer specialising in intellectual property. For expert guidance, the team at Sprintlaw can assist in navigating the technical aspects and strengthening your application.

Trade Mark Example

Nicola has opened a vintage clothing shop and designed her own unique logo featuring the letter “V”. The logo quickly gained attention on social media, driving an increase in visitors to her shop. However, Nicola never registered her trade mark. Shortly after her opening, another vintage clothing shop appeared on the same street using a similar logo with the letter “V”, and that shop went on to register the trade mark. They have now demanded that Nicola stop using her original design, leaving her with the difficult choice of spending a significant amount on legal fees or rebranding and losing the goodwill she’d built online. This situation could have been avoided if she had secured her trade mark from the start.

What Are The Steps?

There are 4 main stages to trade mark registration:

Prepare – You can verify the availability of your trade mark using IP Australia’s trade mark checker. This intuitive tool makes it quick and easy to review existing marks before you proceed. Alternatively, if you’re feeling overwhelmed, you can engage an IP lawyer to conduct a comprehensive search and alert you to any potential conflicts. Our team at Sprintlaw is available to provide expert advice and help you build the strongest possible application.
Apply – Once you’ve completed your search and chosen a mark with strong prospects, the next step is to compile a detailed application. This involves selecting the appropriate description and determining the correct classes of goods and services for your trade mark. You can file your application online through IP Australia; alternatively, a lawyer can help ensure that your application is precise and comprehensive. For further guidance on how trade marks differ from other forms of intellectual property, you might also refer to our Trade Mark vs Copyright guide.
Examination – IP Australia will review your application to ensure it meets all legislative requirements. Even minor errors, such as using an incorrect class or a vague description, can lead to delays or potential rejection. Thorough preparation and professional guidance can help streamline this stage.
Registration – If your application passes the examination stage, IP Australia will advertise it for opposition by third parties over a two‐month period. Provided no oppositions are raised, your trade mark will be officially registered, giving you lasting legal protection for your brand.

Once registered, it’s wise to monitor and periodically review your trade mark to ensure continued protection, especially as the digital marketplace evolves in 2025. Remember, trade mark registration must be renewed every 10 years to maintain your exclusive rights.

If you still have questions about trade marks, check out this article for detailed FAQs and insights into the Sprintlaw trade mark registration process.

Need Help With Registering A Trade Mark?

Registering a trade mark can be a complex and daunting process, with many details to consider. Investing in experienced legal assistance is a one-off cost that can save you from future disputes and protect your brand’s hard-earned reputation.

At Sprintlaw, our team of specialised lawyers is ready to assist you with everything from conducting a trade mark search to completing your registration. Get in touch with one of our consultants for a no-obligation chat about how we can help streamline your trade mark registration and support any other legal needs your business may have in 2025.

Minna Boyle

Minna is the Head of People & Culture at Sprintlaw. After completing a law degree and working in a top-tier firm, Minna moved to NewLaw and now manages the people operations across Sprintlaw.