Registering your trademark

A trademark is a word, symbol or phrase (or other) that identifies a business or its products. It is part of a business's intellectual property (IP). If you wish to use words in your business name to identify your goods or services, you should register a trademark. If you don't, another trader could register your business name as a trademark for their goods or services, preventing you from using it. Business name or company registration does not automatically allow you to use that name as a trademark.

A trademark can consist of a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these (depending on legal requirements). Before designing and applying for a trademark on goods or services, you must search official trademark records to find out whether the trademark is available. If it is, you can apply for registration under the Trade Marks Act 1995. Learn more about registering a trademark.

Trademarks are protected by law. Companies can take legal action against other traders who use the mark to deceive or confuse the public. Once registered, the trademark is protected in all Australian states and territories for an initial period of 10 years. If you need protection in other countries, you must register the trademark in each country.

Also consider...

• Our IP info kit is an online tool designed to help you understand Australia's IP system and find ways to protect your business's IP.
• Find out more about how to protect your business idea.
• Learn how to successfully brand your business.