Protect your brand with a registered trade mark

A registered trade mark is an important asset for a business of any size. It can safeguard your ideas from those of your competitors and help your enterprise grow. Yet only a small percentage of Australian small businesses have any form of registered intellectual property (IP) protection. Many are unaware of the measures they can take to protect their brand.

What is a registered trade mark?

A registered trade mark can be used to protect a logo, a phrase, word, letter, colour, sound, smell, picture, movement, aspect of packaging or any combination of brand elements.

One common myth is that a trade mark is the same thing as a business name or domain name, and it’s not. They don’t offer the same legal protection as a trade mark and the process of registering a trade mark is different from registering your business name or securing a domain name for a website.

Registering a trade mark gives you exclusive trading, branding or ownership rights over your business name and helps avoid potentially expensive and time-consuming rebranding or legal issues as a result of infringement action.

Why register a trade mark?

According to IP Australia, small businesses with registered IP rights, such as a trade mark, are more likely to experience high growth, increased employment growth, and are more appealing to potential investors.

Benefits of registered trade mark ownership include:

• It provides the legal right to place the ® symbol, acting as a visible deterrent to copycats.

• It provides exclusive rights to use your trade mark in Australia for an initial period of 10 years, with the option to renew indefinitely.
• It gives you the ability to stop others from using your trade mark by commencing an infringement action.
• It builds a new business asset which can become more valuable as your business becomes more successful.
• You can employ a business model to generate revenue by selling or licensing your trade mark .

Is a trade mark right for your business?

If you want to know if a registered trade mark is right for your business, IP Australia has tools to help you decide. Start by checking that you’re not infringing on someone else’s trade mark and that your proposed trade mark is suitable for registration.

Before investing in your brand, scope out the competition to make sure your ideas are unique in the marketplace. The How to search existing trade marks page is a great place to begin.

Next, try the free TM Checker tool. It will indicate if your trade mark is suitable for registration in Australia and gives you an idea if there are already trade marks that might be similar to your name, phrase or logo in the relevant class of good or service you trade in.

If you’re ready to apply, TM Checker can guide you through the process. Registration starts from just $330 for 10-year protection. An IP attorney can also support you through the process.

A small business success story

Take it from Christel Hadiwibawa, co-founder of NOA, a business that develops cordless charging technology. She knew that protecting their IP would be key to building a strong and recognisable brand.

“Having a registered trade mark ensures that NOA remains distinct in the market, protects us from imitation, and reinforces our credibility as we scale. It also shows investors and industry partners that you’re serious about your brand and IP protection,” said Christel.

Christel has this advice for small businesses.

“For businesses considering whether to invest in IP, our advice is simple: don’t overlook it. Your brand is one of your most valuable assets and protecting it early can save you from disputes or costly rebranding later.”

Ready to protect your brand?

Visit the IP Australia website to help you decide if a registered trade mark is right for your business.

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