You have chosen the name, approved the design and planned the campaign. Then a preview image on YouTube gives everyone an early look.

That is what happened when the Brisbane 2032 Olympic and Paralympic emblems appeared ahead of their scheduled reveal. The cockatoos had escaped before the launch team intended.

For business owners, the interesting part is what happened before the leak. The Australian trade mark application for the cockatoo emblem was filed on 3 October 2026, claiming priority from an application filed in Liechtenstein on 3 July 2026.

The public reveal arrived early, but the trade mark filing process had started three months beforehand.

That raises a useful question for any business preparing a product launch or rebrand: how do you secure an early filing date without your own application giving away the surprise?

Can a trade mark application reveal your plans

Australian trade mark records include pending applications. Someone searching those records may discover a new name or logo before it appears in your marketing.

For many businesses, that visibility is perfectly acceptable. For others, it could reveal a product range, a new market or a change of direction while commercial arrangements are still being finalised.

Confidentiality agreements with your designer and marketing agency cannot make a public trade mark application confidential. The filing timetable needs its own consideration.

Waiting until launch is not always the answer. By then, you may have committed substantial money to a name before properly investigating your ability to use and protect it.

Why might a business file in Liechtenstein

Liechtenstein has an online trade mark and design register, but its government describes that register as containing actively registered and published marks and designs. It does not offer the same online visibility of pending applications as the Australian system.

That can make a first filing less readily discoverable by someone monitoring online records for upcoming brands.

It does not mean the entire register is secret or that an application is guaranteed to stay confidential. Publication practices and other access routes still need checking.

The Brisbane record confirms the filing sequence. It does not establish the organising committee's reasons for selecting Liechtenstein. However, it illustrates a sequence that can be commercially useful when combined with international priority.

How does international trade mark priority work

Under the Paris Convention, a qualifying first trade mark application can support a claim to the earlier date when corresponding applications are filed in other participating countries within six months.

For example, a business that first files in July may file a corresponding Australian application in October and claim the July priority date, provided the requirements are met.

That earlier date can matter when competing applications arise. The claim must relate to the same trade mark, and the earlier priority applies to goods or services covered by both applications. Entitlement and procedural requirements also matter.

Priority does not create a worldwide registration or guarantee that an application will succeed. Each country applies its own requirements, and other parties' rights still need to be considered.

For a launch that depends on confidentiality, a less visible initial filing may therefore provide time to prepare later applications and the announcement. The six-month deadline needs active management.

What does the Apple example show

The episode also discusses reporting about Apple's iPhone Duo filing strategy. Gerben IP reported that Apple filed first in Liechtenstein, then filed in the United States on the announcement day while claiming the earlier priority date.

A filing that appears to happen at launch may therefore be one step in a plan that began months earlier.

The useful lesson is to bring the trade mark adviser into the launch discussions early enough to coordinate filing dates, publication and commercial announcements.

What should you check before launching a brand

Consider a skincare business preparing a new range. Its designer is creating a logo, packaging samples are being produced and the agency is planning the campaign. Before the timetable becomes difficult to change, five questions deserve attention.

Is the name available in the markets that matter

An available domain name does not establish trade mark availability. Searches should consider similar marks and related goods or services, as well as identical names. Investigate before ordering packaging or committing to a campaign.

Who should own the trade mark

Identify the intended owner before filing. The person managing the project may not be the correct applicant, particularly where a business operates through several entities.

Does the business have the rights it needs in the logo

Paying an external designer does not necessarily transfer ownership of copyright. Check the agreement for the ownership, assignment and usage terms the business needs, including use through commercial partners and in overseas markets.

Who or what could reveal the launch early

Look beyond confidentiality agreements. Shared folders, preview pages, scheduled posts, video thumbnails and uploaded assets all deserve attention. Give suppliers and agencies clear instructions about access, approval and publication dates.

Does the filing plan fit the commercial plan

A direct Australian application may be entirely appropriate. A more involved overseas strategy should have a clear commercial purpose that justifies its additional cost and complexity. Consider which markets matter and whether secrecy adds real value.

Can a trade mark filing prevent a damaging leak

A planned filing may improve the business's legal position when its brand becomes public. It cannot recover a lost surprise, and an application is not the same as a registered right.

The practical goal is to coordinate brand selection, ownership, filing and launch operations while there is still time to make changes.

As for my proposal to monitor the Liechtenstein trade marks office with a notebook and a steady supply of coffee? Strictly field research, obviously. Although standing outside would not give me access to confidential applications.

For your business, the useful starting point is closer to home: review the next launch or rebrand and work out which legal steps need to happen before the name becomes public.

Listen to this episode of Elise Explains IP for the full discussion. You can also use my free IP Audit tool at https://www.elisesteegstra.com/ip-audit or book a Strategy Call through https://www.elisesteegstra.com/.

Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

Sources

IP Australia application 2702360: filing and priority details shown in the IP Australia screenshots supplied for this episode. Search the application number at https://search.ipaustralia.gov.au/.

Liechtenstein National Administration, online register scope: https://www.llv.li/en/business/tangible-intangible-goods/intellectual-property-law-trademark-registration-copyright-/online--brands--and--designs-registry

IP Australia Trade Marks Manual, convention priority: https://manuals.ipaustralia.gov.au/trademark/1.-applications-in-australia-convention-applications-where-the-applicant-claims-a-right-of-priority-on-the-basis-of-an-application-in-a-convention-country

Gerben IP, reporting on the iPhone Duo filing strategy: https://www.gerbenlaw.com/blog/apple-hid-the-iphone-duo-trademark-for-nearly-six-months-heres-how/