Do You Really Need a Trademark? What Every Australian Business Should Know
Running a business today means competing for attention in a crowded market. You can have a great product or service, but if someone copies your brand or uses a name that feels too similar, customers can become confused very quickly.
This is where a trademark becomes more than just a legal formality. It becomes one of the simplest ways to protect the identity of your business.
Below is what every business owner should know before deciding whether a trademark is right for them.
What Is a Trademark vs Copyright vs Design Right
These terms are often mixed up, so it helps to understand the difference before you decide what you actually need.
A trademark protects the brand elements that make your business recognisable. This can include your business name, logo, slogan, product name, packaging, a colour or a sound.
Copyright protects original creative works such as photos, writing, music, videos or artistic designs.
Design rights protect the visual appearance or shape of a product.
“These protections work together but they cover different things. If you are unsure which one applies to your business, speaking with an intellectual property lawyer or IP lawyer can help you work out the right mix.”
When Should You Trademark Your Brand
The best time is usually at the beginning, before you launch and before you invest in branding or marketing. Many businesses discover later that their name or logo is already in use, which can lead to an expensive and stressful rebrand.
A trademark becomes especially important when:
You want to protect your business name or logo
You are planning to grow or expand
You sell products or services online
You want to stop copycats or confusingly similar brands
You want to avoid losing customers because someone else looks too much like you
A trademark lasts for ten years and can be renewed, which makes it one of the simplest long term protections your brand can have.
The Trademark Process
The trademark process is simpler than most people expect. Generally, it looks like this:
1. Search
Check that your name or logo is available. This step is crucial because the biggest problems usually start with something already being taken.
2. Apply
Choose the classes that correctly match your business activities. Getting this step right ensures that your trademark actually protects you where it matters.
3. Examination
Your application is reviewed. Sometimes questions are raised but this is normal.
4. Publication
Your application is published, giving others the opportunity to raise concerns. Most applications progress without issues.
5. Registration
Once approved, your trademark is registered. You have exclusive rights to use it for the goods or services you nominated.
Support from an intellectual property lawyer or IP lawyer can save time and reduce the risk of rejection in the early stages.
Common Mistakes and How to Avoid Brand Copying
Many business owners assume their business name or domain name gives them ownership. It does not. Only a trademark can do that.
Other common mistakes include:
Using a name without checking whether someone else already owns the trademark
Delaying registration until copycats appear
Assuming a small business does not need protection
Choosing the wrong trademark class or too few classes
Trying to enforce rights without a registered trademark
The best way to avoid these issues is to secure your trademark early. Once it is registered, you have clear rights to take action if someone starts using a brand that is too close to yours.
How We Can Help You
A trademark is only one part of protecting your brand. You may also need support with copyright, design rights or other parts of your business identity. This is where working with an IP lawyer can give you clarity and confidence.
If you want to protect your business name, logo or brand elements, we can guide you through the process in a way that feels simple and easy to understand. We want you to feel informed, supported and ready to take the next step in protecting what you have built.
If you would like to chat about your options, we are here to help whenever you are ready.
DISCLAIMER
The content given herein is provided for information purposes only. It is general in nature and does not constitute legal advice and should not be used as such. Formal legal advice should be sought in particular matters.
Connected Legal + Commercial does not accept any liability to any person for the information (or use of such information) which is provided herein or incorporated into it by reference.
The information is provided in good faith on the basis that all persons accessing the content undertake responsibility for assessing its relevance and accuracy and will seek appropriate formal legal advice accordingly.