A registered trade mark is a type of intellectual property (IP) right that protects a business's unique brand, products or services.

It can protect a:

  • word
  • phrase
  • logo
  • letter
  • number
  • symbol
  • sound
  • shape
  • image
  • scent.

A registered trade mark gives your business exclusive rights to use the trade mark in Australia. It also gives you legal rights to place the ® symbol next to your trade mark.

A trade mark is not the same thing as a company name, business name or domain name. 

Benefits of a trade mark

Exclusivity

You have exclusive rights to use the trade mark in Australia.

No one else in Australia can commercially use your trade mark for the same goods or services you have it registered for.

Protection

You can legally deter others from using your trade mark for similar goods and services.

Value

You can sell your trade mark or license it for others to use. This is a powerful tool for creating agreements with producers, distributors, sellers or contractors.

The more successful your business, the more valuable your trade mark becomes.

Check if your trade mark is available

Before applying for a trade mark, you should do a search to make sure the trade mark you want isn’t already registered.

IP Australia’s free TM checker tool gives you an indication of existing trade marks that might be similar to your proposed brand or name. From there you can apply to register your trade mark.

Check now

Things you can’t trade mark

IP Australia can't accept trade mark applications for everyday words, phrases or images that directly describe a good or service. These should remain available for all businesses to use.

There are also certain words, phrases and images that IP Australia can't trade mark, or can only register under special circumstances. These include:

  • common words, phrases and images
  • geographical names
  • common surnames, even if they're your own
  • prohibited signs
  • restricted financial terms.

Using and protecting your trade mark

Use your trade mark online to help reinforce your brand identity and build brand recognition

Using the ® symbol next to your registered trade mark lets others know it's protected. This can deter others from misusing it.

Monitor your online presence and track any mentions of your brand. This will help you identify potential issues and act quickly.

Platforms that host digital advertising (Google, Facebook, LinkedIn and Instagram) will remove any advertisement that misuses a protected trade mark.

Registering a domain name does not give someone rights to the name. If an .au domain infringes a trade mark, the domain name regulatory body (auDA) may revoke the domain.

If you suspect that goods coming into Australia infringe your trade mark, you can lodge a notice of objection with the Australian Border Force (ABF). This gives the ABF authority to temporarily seize suspected infringing goods.

Length of protection

An Australian trade mark is protected for 10 years from the filing date. You can then renew it every 10 years for a fee. There's no limit to the number of times you can renew a trade mark.

You can renew your trade mark registration 12 months before the renewal date or up to 6 months after. If you renew after the due date you must pay a late fee.

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