Trade Mark Lawyers

A trade mark is a unique symbol, word, phrase, logo, design, or combination of these elements that identifies and distinguishes your product or service in the marketplace. It acts as a form of intellectual property, giving you exclusive legal rights to protect your brand from unauthorised use by others.

In Australia, trademarks can be either registered or unregistered. While unregistered marks may have some protection under common law, a registered trade mark provides far stronger rights. Registration is granted through IP Australia’s Trade Mark Office (ATMO), and once approved, it gives you the exclusive right to use the mark for the nominated goods or services, and to take legal action against businesses that infringe on your rights.

Trademarks play a crucial role in business by helping consumers recognise and trust your brand. They build customer loyalty, strengthen your competitive advantage, and protect your investment in branding and marketing. For this reason, most Australian businesses choose to register their trade marks to ensure long-term protection.

A business name is simply the name your business trades under, much like a nickname. Registering a business name with ASIC allows you to legally operate under that name, but it does not give you ownership or exclusive rights over it.

A trade mark, on the other hand, is your brand identity. It protects the unique way your product or service is recognised in the market, such as your logo, name, slogan, or other brand elements. A registered trade mark gives you the legal right to stop others from using a name or brand that is confusingly similar.

Example:
Many business owners mistakenly believe that registering a business name is enough to protect their brand. For instance, if Bob registers “Bob’s Burgers” as a business name but doesn’t check the trade mark register, he could unknowingly be infringing on an existing registered trade mark. If the trade mark owner demands that he stop trading, Bob may be forced to rebrand, losing money on signage, websites, marketing, and brand recognition he’s already built.

Key takeaway:

• A business name registration ≠ brand protection.
• A registered trade mark = exclusive legal rights to your brand in Australia.

For peace of mind, it’s always recommended to conduct a trade mark search and secure registration to protect your brand long-term.

The cost of registering a trade mark in Australia depends on a few factors, including the number of classes you apply for and whether you file directly or through the IP Australia Headstart application process.

As a guide:

• Trade mark application fees in Australia usually start at around $330 per class when lodged online.
• Additional fees apply if you’re registering for multiple classes (e.g., for different types of goods or services).
• Professional assistance from a trade mark lawyer can help you avoid costly mistakes and rejected applications, often saving you money long-term.

Our team has published a full guide on trade mark registration costs in Australia, including how to budget and when fixed-fee options might be available.

Find out more here.

Registering a business name with ASIC doesn’t give you ownership or exclusive rights to that name. It simply allows you to trade under it. The only way to legally protect your business name and stop others from using it is by registering it as a trade mark.

Without a registered trade mark, another business could:

• Legally register your business name as its own trade mark.
• Force you to rebrand, even if you’ve been trading for years.
• Cause costly disputes over branding, marketing materials, domains, and social media handles.

A trade mark registration gives you exclusive rights to use your business name in connection with your goods and services, and the power to enforce those rights against infringers.

Don’t risk losing your brand identity. Make sure you own the rights to your name with proper trade mark protection.

Find out more about how to trademark a business name and why it’s important here.

Yes, if you want exclusive rights to use your logo as part of your brand identity, you should register it as a trade mark in Australia. Copyright only protects the artistic design of the logo, but it doesn’t stop others from using a similar logo in business.

Registering your logo as a trade mark gives you:

• Exclusive rights to use it for your goods or services.
• Stronger protection against competitors using confusingly similar designs.
• Legal grounds to take action if someone copies or infringes on your brand.

When filing, you’ll need to consider details like the logo’s colours, design elements, and how it will represent your business across different platforms.

> Find out more in our trade mark logo page here.

In Australia, the ™ symbol can be used on a brand name, logo, or phrase to show that you are claiming it as a trade mark, even if it’s not officially registered. It lets the public know you are treating it as your brand identity.

The ® symbol can only be used once your trade mark is officially registered with IP Australia. Using the ® symbol without registration is illegal and may result in penalties.

Key points to remember:

• Use ™ if you want to signal ownership, but haven’t registered yet.
• Use ® only after official registration is granted.
• Both symbols act as a deterrent to competitors and help strengthen your brand protection.

Need help deciding how and when to use the ™ or ® symbol? On this trade mark FAQ page we provide you with the answer.

In Australia, a registered trademark lasts for 10 years from the date of filing. After that, it can be renewed every 10 years indefinitely, provided renewal fees are paid and the trademark continues to be used in trade.

To keep a trademark valid, the owner must:

• File a renewal application before the 10-year term expires.
• Continue using the mark in trade. If a trademark is not used for three consecutive years, it may be vulnerable to cancellation for non-use.

This means your trademark rights can, in theory, last forever, as long as you keep renewing and actively using your mark.

Need help with a trademark renewal in Australia or advice on protecting your brand long-term? Contact our expert trademark lawyers for clear, fixed-fee guidance.

No, an Australian trademark only protects within Australia. Trademark rights are territorial, which means that registering a trademark in Australia does not automatically give you protection overseas.

If you want protection in other countries, you need to apply for:

• International trademark registration through the Madrid Protocol, which allows you to file in multiple member countries with a single application.
• Direct applications to each country’s national trademark office, if they are not part of the Madrid Protocol.

The best approach depends on your business plans, target markets, and budget.

> Find out more about international trademark registration here.

A trademark lawyer is a legal professional who specialises in trademark law and intellectual property protection. They help businesses register, protect, and enforce their trademarks so brands can operate with confidence.

At Progressive Legal, our experienced trademark lawyer Ian Aldridge and team assist clients with:

• Trademark searches to check availability and avoid conflicts
• Preparing and filing trademark applications in Australia and overseas
• Responding to examiner reports and office actions
• Enforcing trademark rights against infringement or misuse
• Defending clients in trademark opposition or infringement claims

In short, a trademark lawyer helps you protect your brand name, logo, or slogan and ensures your intellectual property is legally enforceable.

If you need a trademark search lawyer, trademark application lawyer, or trademark registration lawyer in Sydney or Australia-wide, Progressive Legal can help.

It’s not legally mandatory to hire a lawyer when applying for a trade mark in Australia, but working with an experienced trade mark lawyer can significantly increase your chances of success. Mistakes in the application process can be costly and may even result in your application being rejected.

A lawyer specialising in trade mark registration can:

• Ensure your application meets all legal requirements
• Conduct searches to identify potential conflicts before you apply
• Advise you on the correct trade mark classes for your goods or services
• Help you respond to examiner reports or objections from IP Australia
• Protect you from unnecessary delays and additional costs

At Progressive Legal, we guide Australian businesses through the trade mark application process every day, from startups to established companies. Registering a trade mark is relatively affordable, offering 10 years of protection with the option to renew.

If you want peace of mind that your brand is properly protected, our Sydney-based trade mark lawyers can help you apply with confidence.

A trade mark legally protects your business’s brand identity. It helps customers distinguish your goods or services from competitors and can cover a logo, phrase, word, letter, sound, smell, picture, shape, movement, aspect of packaging, or a combination of these. A registered trade mark gives you the exclusive right to use that brand for the products or services you register it under, and to stop others from using something confusingly similar.

A patent, on the other hand, protects inventions. It grants you the right to stop others from manufacturing, using, or selling your invention in Australia without permission. To qualify, the invention must be new, useful, and innovative. Patents protect the function, method, or workings of something — such as a new technology, product design, or process.

In short:

• Trade marks = brand protection (your name, logo, or identity).
• Patents = invention protection (your unique product, process, or method).

Unsure whether you need a patent or a trade mark? Our experienced intellectual property lawyers can guide you through the right protection for your business assets. Find out more about the difference between a patent and a trademark here. 

Yes. A slogan can be trademarked if it is a distinctive and memorable phrase or tagline that identifies your business, product, or service. Registering a slogan as a trade mark helps stop competitors from using it without your permission.

Businesses often trademark slogans to protect the marketing investment they’ve made in building brand recognition. Famous examples include slogans that instantly remind customers of a particular brand.

However, not every phrase qualifies. To be eligible, a slogan must:

• Be distinctive and not too generic.
• Clearly connect to your brand or product.
• Avoid being misleading or too descriptive.

Trademarking your slogan ensures you gain exclusive rights to use it in connection with your goods or services, strengthening your brand identity and preventing copycats.

Need help registering a slogan? Our experienced trade mark lawyers in Sydney can guide you through the process and ensure your application meets all the requirements.

Learn more about trademarking a slogan here

A trademark can be almost anything that distinguishes your goods or services from another business. Some of the world’s most famous trademarks include:

• Logos & brand names: Coca-Cola®, Apple®, Google®, Nike®, McDonald’s®
• Slogans: “Just Do It” (Nike), “I’m Lovin’ It” (McDonald’s)
• Shapes & packaging: The Coca-Cola bottle shape, Toblerone’s triangular packaging
• Sounds & jingles: The Intel chime, McDonald’s “ba da ba ba ba”
• Colours & symbols: Cadbury’s purple, Tiffany & Co’s blue

In Australia, you can trademark a business name, logo, slogan, sound, shape, colour, or even a scent, as long as it’s distinctive and clearly identifies your brand.

Trademarks go beyond just words and logos. They protect the unique identity of your business and help customers instantly recognise your brand in the market.

Need help deciding what elements of your brand can be trademarked? Our experienced trade mark lawyers can guide you through the process.

Learn more about why these brands are successful and discover more examples here.

If you’ve already filed a trade mark application with IP Australia but need to make changes, you may be able to request an amendment. Amending a trade mark application involves correcting or updating details to ensure your application remains valid and enforceable.

Common amendments include:

• Fixing clerical errors (such as spelling mistakes or incorrect applicant details)
• Updating the address for service
• Narrowing the scope of goods or services covered
• Amending ownership details (for example, if the business structure has changed)

Important: You generally cannot broaden the scope of your trade mark application once it has been filed (e.g. adding new goods, services, or classes). Any significant changes may require lodging a new application.

Because amendments can be complex and must comply with strict IP Australia rules, it’s recommended to seek legal advice before filing. Our experienced trade mark lawyers can guide you through the process, ensure the correct amendments are made, and help avoid delays or rejections.

There are several steps to amend a trademark application, which you can read about here.