Trade mark your business name: costs, checks and steps

Published Monday 20 April 2026

Table of contents

• What is a trade mark?
• What's the difference between a trade mark and a business name?
• Why register a trade mark?
• What can and can't be trade marked?
• How to check trade mark availability
• Trade mark costs and timings
• How to apply for a trade mark
• How to use your trade mark
• Protect your business with proper record keeping
• FAQs on trade mark registration

Key takeaways

• Register your trade mark in all the business classes that cover your current products or services and any areas you plan to expand into, as legal protection only applies to the specific categories you select.
• Search IP Australia's trade mark database thoroughly before you apply, as a rejected application still costs money and using an already-protected name can lead to legal action against you.
• Use the ® symbol only after you receive your official registration certificate, and actively monitor for similar trade mark applications to enforce your exclusive rights.
• Renew your trade mark every 10 years to keep your legal protection active, and consider licensing it to others or using it as loan collateral to get more value from your registration.

What is a trade mark?

A trade mark is legal protection that gives you exclusive rights to use specific words, logos, sounds, or colours in your industry. It prevents others from using your business's distinctive brand elements without permission. Once registered, a trade mark acts as a legal sign intended to distinguish goods or services from those of competitors, in accordance with the Trade Marks Act 1995.

Trade marks can protect:

• Business names: Such as '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, a copyright, and a patent?

Trade marks, copyrights and patents all protect intellectual property, though it's worth noting that for tax purposes, the statutory definition of intellectual property does not include trade marks. 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.

What's the difference between a trade mark and a business name?

A business name and a trade mark serve different purposes. Registering a business name lets you trade under that name, a process that can take up to 24 hours after payment clears, but it doesn't stop others from using similar branding. A trade mark gives you legal ownership of your brand identity.

Here's how they differ:

• Business name registration: Allows you to operate under a chosen name and prevents others from registering an identical business name with the Australian Securities and Investments Commission (ASIC)
• Trade mark registration: Gives you exclusive legal rights to use specific words, logos, or symbols in your industry and lets you take action against copycats

Registering your business name doesn't automatically protect your brand. If you want to stop competitors from using similar names in their marketing, you need a trade mark.

Why register a trade mark?

Trade mark registration protects your brand investment and gives you legal power to stop competitors from confusing your customers. For small businesses building a recognisable brand, registration is worth considering early.

Here's why it matters:

• Legal exclusivity: Other businesses legally can't use your protected brand elements
• Customer protection: Prevents customers from 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

Keep in mind the costs, 10-year renewal requirements, and the fact that protection only applies to the regions where you register.

What can and can't be trade marked?

Trade marks can include words, logos, colours, sounds, and shapes that distinguish your business from competitors. The strongest trade marks are distinctive and not descriptive of what you sell.

Strong trade mark types:

• Made-up words: Invented terms like 'Kodak' or 'Xerox'
• Unrelated words: Unexpected terms like 'Apple' for technology or 'Dove' for hygiene
• Distinctive logos: Unique visual symbols that stand out
• Specific colours: Consistent colour combinations tied to your brand

What you can't trade mark:

• Offensive content: Swear words or inappropriate material
• Descriptive terms: Words like 'Sports' for sports clothing
• Misleading phrases: Anything that could deceive customers
• Common words: Generic or non-specific terms
• Protected symbols: National flags or official emblems

How to check trade mark availability

Checking trade mark availability helps you avoid costly application rejections and legal disputes. Search existing registrations before applying to make sure your chosen name or logo isn't already protected.

Free checking options:

• IP Australia's Trade Mark Checker: A free online tool to search registered and pending trade marks
• Australian Trade Mark Search: The full database of registered trade marks on Intellectual Property (IP) Australia's website
• Professional consultation: Free advice from IP clinics or business advisors

Paid checking services:

• IP Australia Search Service: IP Australia conducts a formal search for you
• Trade mark attorney: A professional comprehensive search with legal advice

Check thoroughly before you apply. A rejected application still costs money, and using a name that's already trade marked could lead to legal action.

Trade mark costs and timings

Trade mark registration costs vary depending on how you apply and how many classes you register. Understanding the fees and timeline helps you plan and budget.

Typical costs in Australia:

• Standard application: Starts at $250 per class when using the picklist of pre-approved goods and services
• Additional classes: Each extra class adds to the total cost
• Legal advice: Optional, but a trade mark attorney can help with complex applications

Typical timeline:

• Standard processing: Around 7–8 months if there are no objections
• Faster options: Expedited examination is available for an additional fee

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, so choosing the right classes is important.

How classification works:

• Class: A broad category like 'clothing' or 'software'
• Term: A specific type within that class, like 'sportswear' or 'accounting software'
• Minimum requirement: At least one class and one term per application
• Future planning: Categories relevant to your business for the next five years

Your protection only applies to the classes you register. If you sell products and services in different categories, you may need to register in multiple classes. Each additional class increases the application cost.

Applying for a trade mark in Australia involves several steps. If your application is straightforward with no objections, the process typically takes 7–8 months.

Here's the step-by-step process:

1. Prepare your application: Detail your trade mark (the words, logo, or other elements you want to protect) and select the classes and terms that cover your goods or services.
2. Choose your application type: Decide between a Standard Application or a TM Headstart application, which lets you get early feedback before paying the full fee.
3. Submit your application: Complete and lodge your application through IP Australia's online portal.
4. Examination: IP Australia reviews your application, searches for similar trade marks, and may raise objections or contact existing trade mark owners.
5. Publication and registration: If there are no objections, your trade mark is published and then registered. You'll receive a certificate confirming your trade mark registration, which lasts for 10 years.

If someone opposes your trade mark, you can negotiate with them, withdraw your application, or defend it through a formal process. A trade mark attorney can help you understand your options.

How to use your trade mark

Using your registered trade mark gives you exclusive legal rights and commercial opportunities once you receive your certificate.

Once you receive your registration certificate, there are several immediate actions you should take to protect and use your trade mark:

• Display the ® symbol: Use this symbol next to your trade mark in marketing materials to show it's registered
• Monitor new applications: Watch for similar trade marks that could infringe on your rights
• Enforce your rights: Take action against businesses using similar branding
• Explore licensing: Consider licensing your trade mark to generate additional revenue
• Maintain your registration: Keep records and prepare for renewal in 10 years

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. Get one month free.

FAQs on trade mark registration

Here are answers to common questions about registering and protecting your trade mark in Australia.

How long does trade mark registration last?

Trade mark registration lasts for 10 years from the filing date. You can renew it indefinitely for additional 10-year periods by paying the renewal fee.

Can I use the ® symbol before my trade mark is registered?

No, you can only use the ® symbol after your trade mark is officially registered and you've received your certificate. Using it before registration is misleading and could result in penalties.

What's the difference between ™ and ®?

The ™ symbol indicates you're claiming trade mark rights but haven't registered it yet. The ® symbol means your trade mark is officially registered with IP Australia and you have legal protection.

Do I need a trade mark attorney to apply?

No, you can apply yourself through IP Australia's online portal. However, a trade mark attorney can help with complex applications, conduct comprehensive searches, and improve your chances of approval.

How much does it cost to register a trade mark?

Registration starts at $250 per class when using the standard application process. Costs increase if you register in multiple classes or use professional services.

What happens if someone already has a similar trade mark?

If a similar trade mark exists in your industry, your application may be rejected. This is why conducting thorough searches before applying is essential to avoid wasting time and money.