Registering a business trade mark

The purpose of a business trade mark

A trade mark is a type of intellectual property that distinguishes your products and services from those of another business. A trade mark can take many forms, like a business name, brand name, your business logo or even a distinctive phrase or colour.

By registering a trade mark, it prevents others from using the same or a similar trademark for the same kinds of goods or services as your product or service. It helps protect your brand and differentiate from others in the market.

It's important to note that registering a business name is separate to protecting your name or brand by registering a trade mark. Registering a business name doesn't stop other businesses from registering and trading under a similar name. 

The benefits of trade marking

Exclusivity
Registering a trade mark gives you exclusive right to use the trade mark across all Australian states, for an initial period of 10 years with the ability to renew indefinitely

Licensing
It provides the ability to authorise others to use your trade mark, which can be a powerful tool when creating agreements with producers, distributors, sellers or contractors

Business value
A trade mark can be bought, sold or transferred and can increase the value of your business and brand

Above all, a trade mark helps to protect your brand – providing a legal avenue to stop others from using your trade mark on similar goods and services.

Find out if a trade mark is available

When deciding on your business name and building your brand, it’s important to check if any existing or similar trade marks exist. You can check and also apply for a trade mark by using IP Australia’s TM Checker tool.

Learn more about trade marks

Before you apply for a trade mark there are some common mistakes to watch out for and some useful questions to ask yourself. Learn more about the process by visiting IP Australia.