Is your brand protected? Trademarks for business owners
A business has traded under its name for eight years. The name is on the signage, the vans, the website and thousands of invoices. Then a letter arrives from a competitor who registered the same name as a trade mark last year, asking them to stop using it.
The brand isn't trade marked. Many owners assume registering a business name or company name protects the brand. It doesn't. A registered trade mark is what gives exclusive rights to use a brand for particular goods or services.
The short version
- If you are wondering how to trademark a business name, start with a search of the register before you invest in the brand.
- A business name registration lets you trade under a name.
- A registered trade mark gives you exclusive rights to use your brand, such as a name, logo or tagline, for specific goods and services in Australia.
- Search before you invest in a brand, file for the right classes, monitor for conflicts and keep the registration renewed.
- The brand you invest in should be a brand you own.
- NOIZE provides administrative support and business strategy.
- Where work is outside our skillset, or the law requires it, we make sure an appropriately qualified professional is involved.
Business name versus trade mark
01Business name
Registered with ASIC so you can trade under a name other than your own. It doesn't give exclusive rights to the brand.
02Company name
Registered when the company is formed. Again, it doesn't give exclusive brand rights.
03Domain name
Gives you a web address, not rights to the brand.
04Registered trade mark
Gives exclusive rights to use the mark for the goods and services it is registered for, and the ability to stop others using similar marks in ways that cause confusion.
What can be trade marked
Names, logos, taglines, words, phrases, shapes, colours, sounds and combinations of these, as long as they are distinctive and not merely describing the goods or services.
How trade mark registration works
01Search
Check the trade mark register for identical or similar marks in your area of business, and check wider use in the market.
02Choose classes
Goods and services are grouped into classes. Registering in the right classes is essential.
03File the application
Lodge with IP Australia, describing the mark and the goods and services.
04Examination
The application is examined for issues such as conflicts or lack of distinctiveness.
05Opposition period
After acceptance, others have a period to oppose the registration.
06Registration and renewal
Once registered, the mark must be renewed periodically to stay in force.
07Monitor and enforce
Watch for similar marks and act when others infringe.
> I've built ecommerce brands and invested in many more, and the first legal question I ask now is whether the brand is registered. I've seen a business have to rebrand overnight because someone else got there first. It is one of the more affordable protections a business can put in place, and one of the most expensive to skip.
“Seriously, the best branding agency in the country.”
Search before you brand
The best time to check a name is before money is spent on design, signage and marketing. NOIZE Legal and NOIZE Creative work together so names are cleared for trade mark, domain and social handles before anyone becomes attached to them.
An illustrative example
Imagine a hospitality group ready to open a third venue under its established name. A trade mark search reveals a similar mark registered in a related class by another business. Because the issue is found before the new signage is ordered, Legal negotiates a coexistence arrangement and files protection for the group's distinctive logo. Expansion continues without a forced rebrand.
Mistakes to avoid
- Don't assume your business name protects your brand.
- Don't file in the wrong classes to save money.
- Don't let the registration lapse.
What we handle, and when specialists step in
For this topic, the day-to-day tasks sit with NOIZE Legal: updating ASIC details, keeping company registers in order and organising agreements and documents. We pair that work with advice on is your brand protected? trademarks for business owners and what it means for the business.
Anything that calls for a qualified practitioner goes to one of our an appropriately qualified professional. Who does what is confirmed up front, so there are no surprises.
That flexibility lets the business get help with exactly the parts it needs, without paying for the rest.
What good looks like
The business name and logo are searched before any brand investment. Trade mark applications are lodged in the right classes before launch. Domains and social handles are secured. Renewal dates are diarised. The register is monitored for similar marks, and the business acts early when conflicts appear. The brand the business invests in is a brand it owns.
Where to start this week
Search your business name and logo on the IP Australia trade mark register. If you can't find your own registration, or you find someone else's similar mark, speak to Legal before your next brand investment. See legal.noize.com.au.
How Legal connects to the rest of NOIZE
Every department leans on the others, and this one is no exception. NOIZE Sales relies on clear terms of trade. NOIZE Accounting works with Legal on structure and its tax implications. NOIZE Finance works alongside Legal when a deal needs funding and paperwork at the same time. NOIZE IT supports privacy obligations with secure systems. Where the law requires a qualified practitioner, an appropriately qualified professional is involved, and the approach is agreed with you at the strategy or proposal stage. NOIZE Creative develops names and brands, and Legal checks and protects them through trade mark searches and applications.
Related reading
- The partnership runs on a handshake: why agreements protect relationships
- The contract is a template from 2014: terms that protect you today
This article is general information only. It is not legal, tax or financial advice, and it does not take your circumstances into account. Speak to a qualified adviser before acting.
NOIZE provides administrative support and business strategy. Where work is outside our skillset, or the law requires it, we make sure an appropriately qualified professional is involved.
Common questions
Does registering a business name protect it?
No. A business name registration lets you trade under the name but doesn't give exclusive brand rights. A trade mark does.
How long does trade mark registration take in Australia?
Often several months from filing to registration, depending on examination and any opposition.
What can I trade mark?
Names, logos, taglines and other distinctive signs used for your goods or services.
What are trade mark classes?
Categories of goods and services. Your registration covers only the classes you choose.
Can someone use my name if I don't have a trade mark?
Possibly. Without registration, protecting your brand is harder and more expensive.
How long does a trade mark last?
Australian trade marks can be renewed periodically to stay in force.
Should I trade mark my logo or my name?
Often both, as they protect different things.
Can NOIZE help with naming as well?
Yes. NOIZE Creative develops names and NOIZE Legal checks and protects them.
Is NOIZE Legal a law firm?
NOIZE Legal handles legal administration and gives business strategy advice. Where the law requires a qualified lawyer, or the matter is outside our skillset, an appropriately qualified professional is involved.
Can NOIZE lodge our trade mark application?
Yes. Searching and lodging applications is administrative work we handle, with an appropriately qualified professional involved where the matter needs a qualified practitioner.
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