Trade marks 101: Protecting your brand
Posted on November 10, 2025
A business’ brand is one of its most important assets.
Trade marks are signs that are used by a business to distinguish its goods and services from those of other traders.
Registering your trade mark gives you the exclusive right to use that trade mark in Australia on specific goods and/or services. Trade mark registrations firmly establish the brand and act as a deterrent against infringement.
Trade marks are registered by filing an application with IP Australia.
Once filed, IP Australia will examine the trade mark application with reference to Australian trade marks legislation. IP Australia will then either accept or reject the trade mark application.
The most common reasons for rejecting trade mark applications are outlined below.
- Genericness: A trade mark that is too generic is one that describes the goods and services that it relates to. Trade marks that are too generic generally cannot be registered because other traders should have the right to use generic words to describe their goods and services.
- Existing trade marks: A trade mark generally cannot be registered if there are existing trade marks that are substantially identical or deceptively similar to it. This is because allowing trade marks that are very similar to be registered for similar goods and services is likely to cause confusion amongst consumers.
However, receiving a rejection does not necessarily mean your trade mark cannot be registered! There are a number of ways to overcome rejections. This includes submitting statutory declarations outlining how the trade mark has been used, approaching owners of existing similar trade marks to negotiate their consent to the use and registration of your trade mark and submitting written arguments to IP Australia as to why the rejection should not stand. Each of these options require expert advice, which our experienced IP team can help you with.
Once your trade mark is registered, you will have an exclusive right to use that trade mark on the goods and services that it is registered for in Australia. You can use the ® sign on your trade mark to let people know you have registered rights over that trade mark. This means that you can prevent other people from using your trade mark and can also grant licenses that allow third parties to use your trade mark.
Trade mark registrations must be renewed every 10 years, but there is no limit on how many times a trade mark registration can be renewed. This means that as long as the renewal fee is paid every 10 years, a trade mark could be registered forever! However, it is important that registered trade marks are being used by their owners. Trade marks that have not been used for 3 or more years are vulnerable to removal from the Australian Trade Marks Register.
Please contact Lynch Meyer Lawyers if you would like more information or advice on trade marks.
