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This article is all about trade marks – What are they? Why do we need them? How do they work in 2025?
For starters, everyone knows that you can’t just copy the Apple logo and start a new smartphone brand called ‘Apples’. But why is that?
Imagine for a second that you did just that – you set up a new company called Apples and used a logo strikingly similar to the iconic Apple logo.
When you release your new phone, you might even find early success. However, while some customers might be initially confused, many will quickly realise they’re not getting the genuine quality and innovation they expect from Apple.
That’s why trade marks exist.
Apple has invested a tremendous amount of time and money into building a recognisable and trusted brand. If a smaller company could simply piggy-back on that hard work by mimicking their name and logo, then the very foundation of brand integrity and customer trust would be undermined.
Aside from the reputation and goodwill of the brand, customers would also be let down by the product quality. They might purchase an ‘Apples’ phone, mistakenly believing it to be genuine, only to discover it is a lower-quality alternative.
To prevent this sort of confusion, Apple has registered a trade mark covering their name, logo, and other distinctive brand features, thus safeguarding the trust they’ve built with their customers.
So, how does a trade mark actually protect a brand like this in today’s fast-evolving market?
What Is A Trade Mark?
A trade mark is a form of intellectual property – property that isn’t physical in nature (unlike, for example, a house or car). In 2025, trade marks continue to be a critical tool to protect your brand identity in an increasingly digital world.
If you’re starting a business, you’ve likely encountered the term intellectual property (IP) before. There are various types of IP that protect different aspects of your business’s intangible assets. Trade marks specifically safeguard the image, brand, and reputation of your business.
Typically, a trade mark will cover your business name, logo, or slogan. However, it can also extend to distinctive shapes, colours, sounds, or even scents – essentially any feature that helps distinguish your business from others. For a more comprehensive rundown on protecting your creative assets, check out our Intellectual Property page.
For example, did you know that Toyota has a movement trade mark for the ‘Toyota jump’? This unique trademark helps them stand out in the competitive auto industry.
In Australia, trade marks are registered through IP Australia. Once registered, you receive certain legal rights over your trade mark, which can be invaluable in protecting your brand as your business grows.
Why Register A Trade Mark?
By registering your trade mark with IP Australia in 2025, you gain the exclusive legal right to use that mark for the specified classes of goods and services. This legal protection means you can take swift action if someone else tries to use your trade mark without permission.
Remember the ‘Apples’ phone scenario? Imagine being in the shoes of the real Apple – if you saw your brand being imitated, you’d understandably be furious! With a registered trade mark, you’re empowered to stop the infringement and even claim compensation for any resulting business losses.
This protection not only shields your reputation but also preserves the quality and trust that customers associate with your brand. For further insight on safeguarding your business name and reputation, you might also explore our article on business structure and legal protection.
How Is A Trade Mark Different To A Registered Business Name?
Speaking of registration, you’re probably already considering your registered business name. Many entrepreneurs confuse this with a trade mark, and that’s completely understandable!
While it is a legal requirement to register your business name if you trade under that name, registering a trade mark is not compulsory. However, a trade mark grants you the exclusive right to use that mark, offering a level of legal protection that a registered business name simply cannot.
If you want robust protection for your business name and the reputation you’ve built, registering a trade mark is the way to go.
Are There Any More Reasons To Register A Trade Mark?
If you’re not already convinced, here’s another compelling reason: when you attempt to register your trade mark, you simultaneously discover whether your prospective mark is already in use. This proactive step helps you avoid unknowingly infringing on someone else’s rights.
Imagine the frustration of building a successful brand only to face legal issues later because your logo was too similar to an existing trade mark. By registering early, you can make informed adjustments to your branding and steer clear of expensive legal disputes. For more tips on avoiding common pitfalls, take a look at our contract basics guide.
Ok, So I Want To Register A Trade Mark. Now What?
Registering a trade mark might seem daunting, but we’ve broken it down into a straightforward 5-step process that reflects the current procedures in 2025:
- Deciding on your trade mark
- Deciding on your classes of goods or services
- Checking if your trade mark(s) are available
- Making your application
- Completing the registration
Let’s walk through each step.
1. Deciding On Your Trade Mark
Start by considering how your customers recognise your brand. Is it your business name, your logo, or perhaps a combination of both? Understanding this will guide your decision on what to register as a trade mark.
- How do your customers recognise your brand?
- Do they identify your business by name, logo, or both?
Keep in mind that registering a word mark and an image mark are two separate processes. If your logo incorporates your business name, you might want to register both the visual design and the word itself to ensure full protection.
If you’re a startup and registering multiple marks is a concern, explore our flexible solutions – we’re here to help you decide on the best option for your business.
2. Deciding On Your Classes Of Goods Or Services
Remember that registering your trade mark gives you the exclusive right to use it only for the chosen classes of business activities. In 2025, this remains an essential step in ensuring your brand is adequately protected.
You’ll need to select the classes of goods and services that are relevant to your business. These classes categorise your trade mark’s application so that it only covers areas where you actually operate.
This system prevents businesses in distinctly different industries from blocking each other’s marks. For more insight into these classifications, visit the Trade Marks Classification Search provided by IP Australia.
What Are The Classes?
There are 45 classes in total – classes 1 to 34 cover goods, while classes 35 to 45 cover services. Choosing the right class is key to ensuring the full scope of your business activities is protected.
How Do I Choose The Right Class?
When deciding on a class, consider:
- How does my business generate revenue?
- What industry best describes my business?
- How do my customers typically identify my brand?
- Am I offering goods, services, or both?
Once you’ve answered these questions, you can narrow down the appropriate classes. It’s wise to strike a balance – choose classes broad enough to cover the full breadth of your operations, yet specific enough to avoid unnecessary liability or additional fees.
If you’re ever in doubt, our experienced team is ready to help. Check out our guide to choosing the right lawyer for expert advice.
3. Check Your Trade Mark(s) Are Available
Before you proceed with your application, it’s essential to ensure your proposed trade mark isn’t already in use. In 2025, you can use IP Australia’s free trade mark checking tool to see if any similar marks exist. This step can save you significant time and money in the long run.
4. Make Your Application
Once you’ve finalised your trade mark and selected the appropriate classes, you’re ready to apply. You can use IP Australia’s online process, which has been streamlined by new digital tools to make the application process as straightforward as possible.
If you prefer not to go it alone, you can enlist the help of a trade mark specialist from Sprint Law. Our experts will guide you through every step of your application, ensuring it meets all the current requirements. For more details on our services, visit our get in touch page.
5. Completing The Registration
After submitting your application, the registration process can take anywhere from eight to nine months in 2025, depending on the complexity of your trade mark and whether any amendments are required. Your application will go through examination, advertisement, and finally registration.
It’s a lengthy process, so it’s best to get started as soon as you’re ready. Once IP Australia finalises your registration with no outstanding issues, congratulations – your trade mark is officially protected!
Trade Mark Quick Questions
Still have questions about trade marks? Here are some common queries we get from businesses:
How Long Do Trade Mark Registrations Last?
Trade mark registrations typically last for 10 years from the date of registration. In 2025, you can renew your registration indefinitely provided you meet the necessary fees and requirements.
Are Trade Marks International?
This article focuses on Australian registration via IP Australia. However, if you’re looking for international protection, many countries are part of the Madrid Protocol – an international treaty that simplifies the process. For more details on this, check out our international trade mark consultation.
How Much Do Trade Marks Cost?
Fees for trade mark registrations can vary based on the number of classes and the complexity of your application. In 2025, you will need to factor in filing fees, additional fees for multiple classes, renewal fees, and any fees associated with responding to examiner reports. You can review the latest fees on IP Australia’s trade mark costs page.
Can My Trade Mark Application Be Amended?
Minor amendments can typically be made for free using IP Australia’s online tool. However, if you need to change the appearance of your trade mark – for instance, altering its design – there is a fee of $150 per class. Adding a new class to your application currently costs $200 per class. Remember, once you’ve paid to lodge your application, certain changes are no longer possible without starting a new application.
Can My Trade Mark Application Fail?
Yes – there are several reasons why an application might be rejected, such as an incorrectly filed application, excessive similarity to an existing trade mark, or a mark that is too descriptive. This is why expert legal advice is invaluable before you apply. Many of our clients have found that a consultation with our team helps smooth out the process and avoid costly errors. For more guidance, check out our free consultation option.
What To Take Away…
As you can see, there is a lot to consider when registering a trade mark – but it’s a worthwhile investment in protecting what makes your business unique and memorable. You’ve worked hard to build your brand, so it’s crucial not to leave it unprotected.
The most important takeaway is this: how do your customers recognise you? Ensure that the distinctive features of your brand are properly protected through a registered trade mark.
While it is possible to register a trade mark on your own online, speaking to a specialised lawyer can provide peace of mind and potentially save you time and money in the long run. Our expert team is here to help you every step of the way – after all, effective legal protection is the foundation of lasting business success. You might also enjoy reading our article on changing your business structure as your company grows.
Moreover, as technology and market landscapes continue to evolve in 2025, ensuring robust protection for your intellectual property is more important than ever. Stay informed, stay protected, and don’t hesitate to contact our team if you need further assistance with your trade mark or any other legal matters.
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