Protect your brand before someone else does.

Services

Practical trade mark protection at every stage, from choosing a name you can actually own to defending it once it matters.

Clearance searches

Checking whether your proposed name, logo or slogan is actually available before you commit to it, so you're not building a brand around something you'll later have to change.

Filing applications

Preparing and lodging your trade mark application with IP Australia, including choosing the right classes so your protection actually covers what your business does.

International protection

Extending your trade mark rights beyond Australia into the countries where you sell, ship or plan to expand, so your brand is protected wherever your business actually operates.

Ownership reviews

Checking who legally owns your existing trade marks, and fixing it if it's sitting in the wrong name, a common issue after a business restructure, a change in shareholders, or a founder departure.

Trade mark portfolios

Managing a growing set of registered marks as one coordinated asset, so renewals, classes and coverage stay organised as your brand expands.

Licensing

Setting up the agreements that let someone else use your trade mark properly, whether that's a franchisee, a distributor or a related business entity, while keeping your rights intact.

Opposition proceedings

Acting if someone opposes your trade mark application, or advising you on opposing someone else's, when a new mark is too close to your own.

Brand enforcement

Taking action when someone else is using a name, logo or slogan that's too close to yours, from a first letter through to more formal steps if needed.

Common mistakes

Filing in the wrong owner's name

The trade mark needs to be owned by the right legal entity, whether that's you personally, your company, or a trust. Getting this wrong can cause real problems later, particularly if you sell the business or bring in new shareholders.

Choosing the wrong classes

Trade marks are registered against specific classes of goods and services, and your protection only extends to what you've actually filed for. Choosing classes too narrowly leaves gaps; choosing too broadly wastes money on protection you don't need.

Filing too late

Because Australia runs on a first-to-file system, waiting until you've built up a following or invested heavily in your brand is a genuine risk. Someone else can file first, even if you got there first in the real world.

Expanding overseas without checking availability

A name that's clear to use in Australia might already be taken in another country. Business owners are sometimes surprised to discover this only once they're ready to launch overseas, by which point a rebrand is far more disruptive and costly.

Assuming a company name gives trade mark rights

Registering a company with ASIC, like registering a business name, doesn't give you trade mark rights. It's a separate system entirely, and conflating the two is one of the most common (and most avoidable) mistakes I see.

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Common questions

Do I need a trade mark?

If your brand name, logo or slogan matters to your business, and you'd be upset if someone else started using something similar, then yes. A trade mark gives you exclusive rights to use it in connection with your goods or services, and the ability to stop others from trading off your reputation.

Isn't my business name enough?

No, and this is one of the most common misunderstandings I see. Registering a business name with ASIC just confirms that name isn't already taken as a business name. It doesn't give you any legal ownership over it, and it doesn't stop someone else from registering it as a trade mark, potentially forcing you to rebrand down the track.

How much does a trade mark cost?

Costs depend on a few things: how many classes of goods or services you're covering, whether it's just Australia or international protection too, and whether any objections or oppositions come up along the way. Filing itself is only part of the picture, the bigger cost driver is usually getting the application right the first time, since mistakes at filing stage can be far more expensive to fix later than to prevent. Get in touch for a clear, upfront quote based on what you actually need.

Can someone copy my logo?

Without registration, you're relying on unregistered rights, which are harder, slower and more expensive to enforce if someone copies you. A registered trade mark gives you a clear, provable right from the date you filed, rather than having to prove your reputation after the fact.

Can I register my slogan?

Often, yes, provided it's distinctive rather than simply describing what you do. Slogans that are catchy and unique to your brand are generally strong candidates; ones that just describe your product or service tend to run into trouble.

When should I file?

As early as possible, ideally before you launch publicly. Trade mark rights in Australia generally go to whoever files first, not whoever used the name first, so waiting until after launch is one of the riskiest (and most common) mistakes I see business owners make.

Can I register overseas?

Yes, but Australian registration only protects you in Australia. If you're selling, shipping or marketing overseas, or planning to, you'll need separate protection in each country or region that matters to your business, and it's worth thinking about this earlier than most people expect.

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