Main laws

Commonwealth Act

Trade Marks Act 1995

The Trade Marks Act governs brand registration and enforcement for names, logos, taglines and product brands in Australia.

In forceCommonwealthPlain-English guide4 practical checks

Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.

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Quick read

  • For founders and SMEs, this Act decides whether a brand can be registered, whether a competitor's name is too close, and what rights exist if someone copies the brand.
  • The practical questions show up when naming a business, launching a product, expanding into new categories or sending a cease-and-desist.

Likely relevant if

  • Startups choosing and clearing a business or product name
  • Businesses launching new brands, logos or sub-brands
  • Online sellers protecting a brand across marketplaces

Check first

  • Check that a proposed mark is available and registrable before launch.
  • Register marks in the right classes for the goods or services offered.
  • Use the mark consistently to maintain and defend the registration.

Brand protection starts before launch

A trade mark is not just a logo file or business name. It is a legal right that can help stop other people using a confusingly similar brand for similar goods or services.

For small businesses, the biggest trade mark mistakes happen early: choosing a name because the domain is free, launching before checking the register, or assuming a business name registration gives exclusive brand rights.

Key points

  • Search IP Australia before committing to a name, logo or product brand.
  • Check company names, business names and domains separately, because they do not prove trade mark clearance.
  • Register in the classes that match what the business actually sells or plans to sell.

Where businesses get caught

MomentPractical risk
Naming a businessA name can be available as a company or domain name but still conflict with someone else's trade mark.
Launching a productA product name may need separate protection from the business name.
Expanding categoriesA registration may not cover new goods or services if the original class coverage was too narrow.
Using the registered symbolThe registered symbol should only be used for marks that are actually registered in Australia.

Operator lessons

Key takeaways

  • A business name is not the same as a registered trade mark.
  • Clearance is cheaper before launch than after signage, packaging, ads and domains are live.
  • Keep evidence of first use, brand assets, licence arrangements and class choices.
  • Get legal help before sending or answering a trade mark demand letter.

Plain-English glossary

Class
Goods and services are grouped into 45 classes; protection only extends to the classes you register for.
Distinctiveness
A mark must be capable of distinguishing your goods or services; purely descriptive marks are hard to register.
Deceptively similar
A mark so close to a registered mark that it is likely to deceive or cause confusion for related goods or services.

Common questions

Is a registered business name the same as a trade mark?

No. A business or company name lets you operate under that name; only a registered trade mark gives you exclusive rights to use and defend the brand.

How long does a trade mark last?

Registration lasts 10 years and can be renewed indefinitely, as long as renewal fees are paid and the mark is used.

Can I protect both a name and a logo?

Yes, and they are often registered separately. Consider what you most need to protect and across which classes.

Related topics

IP & Brand Protection

How Sprintlaw can help

Trade Mark RegistrationTrade Mark Infringement Advice

Update history

New20 Mar 2026

Trade Marks Act added to the business law tracker

The Trade Marks Act is now tracked to help founders clear, register and defend business and product brands.