Trademark registration: Protect your business name and brand
Trademark registration protects your business name from competitors. Learn the steps to secure legal rights to your brand.
Written by Lena Hanna—Trusted CPA Guidance on Accounting and Tax. Read Lena's full bio
Published Wednesday 5 November 2025
Table of contents
Key takeaways
• Register your trademark in all relevant business classes that cover your current operations and anticipated expansion over the next five years, as protection only applies to the specific categories you select during registration.
• Conduct thorough availability searches using the IPO database and professional services before applying to avoid costly rejections and legal disputes with existing trademark holders.
• Apply the ® symbol immediately after receiving your registration certificate and actively monitor for similar applications to protect your exclusive rights and prevent competitor confusion.
• Renew your trademark registration every 10 years to maintain continuous legal protection, and consider the commercial opportunities such as licensing or using it as loan collateral to maximise your brand investment.
What is a trade mark?
A trade mark is legal protection that prevents others from using your business's distinctive brand elements without permission. Formally, it is a sign used to distinguish goods or services provided by one business from those of another. Once registered, your trade mark gives you exclusive rights to use specific words, logos, sounds, or colours in your industry.
Trade marks can protect:
- Business names: Like 'Google' or 'Apple'
- Logos and symbols: Such as the Nike tick
- Sounds: Distinctive audio signatures
- Colours: Specific brand colour combinations
This protection helps customers identify your products and builds brand recognition in the marketplace.
What's the difference between a trade mark and a business name?
Choosing a business name and registering a trade mark are separate steps. They are not the same thing. Your business name is the name you choose to register at Companies House when you set up your business. Once you've registered it, others can't register a business with the same, or similar, name, as the responsible government body will prohibit registration if there is an identical name on the register.
However, it doesn't legally protect it from those who may want to use the same name elsewhere in their branding. If you want to build your business name into a recognisable brand, trade mark your name.
In a similar way, if you choose to trade mark your business name before registering your business with Companies House there aren't any guarantees that you'll be able to register it as your business name. You may find the name has already been taken.
What's the difference between a trade mark, a copyright, and a patent?
Trade marks, copyrights and patents all protect intellectual property. The right one depends on what you want to protect.
Copyright protects original artistic works, such as novels, music and art. Patents protect new inventions or processes for a set time. Trade marks protect your brand identity and stop other businesses from using similar words or symbols that could confuse your customers.
Why register a trade mark?
Trade mark registration protects your brand investment and prevents competitors from confusing your customers. Here's why it matters:
- Legal exclusivity: Other businesses legally can't use your protected brand elements
- Customer protection: Prevents customers being misled by copycat brands
- Brand value: Builds credibility and helps customers find your products again
- Business growth: Creates a foundation for expanding into new markets
Consider the costs, ten-year renewal requirements, and the fact that protection is limited to certain regions.
What can and can't be trade marked?
Trade mark elements can include words, logos, colours, sounds, and shapes that distinguish your business from competitors.
Strong trade mark types:
- Made-up words: Like 'Kodak' or 'Xerox'
- Unrelated words: Such as 'Apple' for technology or 'Dove' for hygiene
- Distinctive logos: Unique visual symbols
- Specific colours: Used consistently in branding
What you can't trade mark:
- Offensive content or swear words
- Descriptive terms (like 'Sports' for sports clothing)
- Misleading phrases
- Common, non-specific words
- National flags or official emblems
How to check trade mark availability
Trade mark availability checking prevents costly application rejections and legal disputes. Search existing registrations before applying to avoid conflicts.
Free checking options:
- IPO database search: Check registered trade marks online
- Professional consultation: Free advice from IP clinics
- British Library: Business and IP Centre guidance
Paid checking services:
Check thoroughly before you apply to avoid wasting time and money on an existing or similar trade mark.
Trade mark costs and timings
Check the costs and timing before you apply. In Australia, you pay a standard filing fee for each class of goods or services. You might also pay for legal advice if you use a trade mark attorney.
Registration takes time. It usually takes several months from your application to registration, if there are no objections. It's a good idea to check the IP Australia website for the most current fees and processing times before you start.
How to apply for a trade mark
Trade mark classification determines where your protection applies. Your trade mark only covers the specific business categories you register it for.
How classification works:
- Class: Broad category like 'clothing' or 'software'
- Term: Specific type like 'sportswear' or 'accounting software'
- Minimum requirement: Choose at least one class and one term
- Future planning: Select categories relevant for the next five years
Your protection only applies to the classes you register. Choose classes that cover your current and future business activities.
Trade mark application typically takes three months from submission to registration if unopposed. Here's the step-by-step process:
- Prepare your application by detailing your trade mark, for instance the words or illustration you'd like to use, and the classes and terms you want to register it within.
- Decide on what type of application you want to make: Standard Application or Right Start Application.
- The Intellectual Property Office (IPO) will examine your application. They'll search for similar trade marks and, if they find one, contact the owner directly. If there are no objections, they'll then publish your application in the trade marks journal.
- If your trade mark is unopposed the IPO will officially register it and you'll receive a certificate to confirm your trade mark registration. You should receive your certificate three months after submitting your application. It will last for 10 years before you need to renew it.
If someone opposes your trade mark, you can talk to them, withdraw your application, or defend it legally. A lawyer can help you with the process and explain your rights.
How to use your trade mark
Using your registered trade mark gives you exclusive legal rights and commercial opportunities once you receive your certificate.
Immediate actions:
- Add the ® symbol to your trade mark to show it is legally protected
- Object to similar applications: Prevent competitors registering similar marks
- Commercial opportunities: Sell, license, or use as collateral for loans
If someone infringes your trade mark:
- Legal advice: Contact an IP solicitor
- Free support: Get help from the IPO or Citizens Advice
- Anonymous reporting: Use Crimestoppers or Action Fraud
Your trade mark lasts for 10 years. You can renew it as often as you need.
Protect your business with proper record keeping
Registering a trade mark is a vital step in protecting your brand, which is one of your most valuable business assets. Underscoring their importance, intangible assets like brands and other IP now account for about 90 per cent of the value of companies in the S&P 500.
In the same way, keeping accurate financial records is essential for protecting the overall health of your business. Clear, up-to-date books help you understand your financial position, manage cash flow, and make confident decisions.
With Xero, you can easily track all your business finances in one place, from daily sales to the costs associated with your intellectual property. This helps you focus on growing your business, with confidence that your finances and brand are protected. See how simple it can be to run your business, not just your books. Try Xero for free.
FAQs on trade mark registration
Here are common questions small business owners might have about registering trade marks.
How much does trademark registration cost in Australia?
The cost varies depending on the application type and the number of classes you register under. The standard online application fee is a few hundred dollars per class. It's best to check the IP Australia website for the latest fee schedule.
What are the different types of trademarks I can register?
The most common type is a standard trade mark for words, logos, or both. You can also register certification trade marks, which show a certain standard, or collective trade marks, which are used by members of an association.
How long does trademark registration take in Australia?
If your application is straightforward with no objections, the process usually takes around 7 to 8 months. It can take longer if issues arise during the examination phase.
Can I trademark a business name I'm already using?
Yes, you can apply to trade mark a name you're already using, as long as it meets the eligibility criteria and isn't the same as or too similar to an existing trade mark for similar goods or services.
What's the difference between a trademark and copyright?
A trade mark protects your brand identity, like your business name or logo, to distinguish your goods or services from others. Copyright automatically protects original creative works, such as articles, music, or drawings, from being copied without permission.
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