Do I Have to Register a Trade Mark?

Emily Young

• 10 August 2021
• 18 January 2022
• 5 min read

A trade mark is an excellent way of obtaining protection for your brand. A trade mark gives you the exclusive rights to its use, including preventing others from using your trade mark without your consent. If you have a business, chances are you already have a trade mark. This may include your business logo or slogan. 

While it is not essential to protect your trade mark with registration, there are a number of benefits of trade mark registration that make it worth considering. This article will take you through: 

• what a trade mark is;
• why you should register your trade mark; and
• how you can register your trade mark.

What is a Trade Mark?

A trade mark is one type of intellectual property (IP) protection. It allows you to distinguish elements of your brand from all of your competitors. A trade mark serves as both legal protection and an excellent marketing tool that can increase the value of your business.

Trade marks can take many forms, the most useful being dependant on your unique business circumstances. For example, some forms of a trade mark include a:

• word (such as your business name);
• phrase (such as your business slogan);
• letter;
• number;
• scent;
• song (such as a business jingle);
• image (such as a business logo);
• packaging shape; or
• any combination of the above.

As long as your trade mark meets the legislative requirements of a trade mark, you will be able to register it.

Why Should I Register a Trade Mark? 

While your trade mark does not have to be registered, it is not generally recommended to use an unregistered trade mark. This is because the key purpose of a trade mark is to give you exclusive rights to your trade mark and a registered trade mark makes this much easier. There are a number of reasons for this. 

For example, in the instance your trade mark is infringed upon, you can simply use your registration as evidence that you have rights to your trade mark. Additionally, your trade mark will be on the trade mark register, which acts as a deterrent to other businesses.

On the other hand, if your trade mark is not registered, demonstrating that you have rights to it will be harder to prove and take much longer. This can lead to potentially expensive, ongoing trade mark infringement disputes, which may harm your reputation.

Having a registered trade mark also lets you use the registered trade mark symbol (®). This symbol, which serves as evidence that you have a trade mark, can only be used when your trade mark is registered, providing more incentive to register your trade mark.

How Can I Register a Trade Mark?

While it can be a long and seemingly complex process, registering a trade mark is often relatively straightforward. The first step to registering a trade mark is identifying your trade mark. You may wish to consider registering your business name or logo first. Once you have selected your trade mark, you will then need to check that it is available for use. This includes checking that no one else is using your trade mark. You can check if your trade mark is available by conducting a thorough trade mark search using the ATMOSS free trade mark search tool.

Once you have chosen your trade mark and ensured it is available for use, you will need to apply for your trade mark. Your trade mark application will require you to submit your contact details and details of your trade mark. You will also be required to pay a filing fee. 

If your trade mark meets all of IP Australia’s trade mark requirements, your trade mark will be registered and placed on the trade mark register. After this time, you will need to renew your trade mark every 10 years and routinely monitor for infringement against your trade mark.

Key Takeaways

While it is not essential to protect your trade mark with registration, there are a number of benefits of trade mark registration that make it worth going through the registration process. Some of the benefits of trade mark registration include:

• forming an easier pathway to enforcing your trade mark rights;
• acting as a deterrent for trade mark infringement; and
• enabling you to use the registered trade mark symbol.

If you need help registering your trade mark, our experienced trade mark lawyers can help. Contact them on 1300 657 423 or by filling out the form on this page.

Frequently Asked Questions