A trade mark is a sign that distinguishes your goods or services from those of others. It can be a word, logo, phrase, image, or even a combination of these elements. Trade marks are an important way for businesses and creators to build brand identity and protect their reputation. When you register a trade mark, you gain the exclusive right to use it for the goods or services it covers, and you can stop others from using something confusingly similar.
Trade marks are not just about logos – they can include product names, taglines, and even distinctive shapes, sounds, or colours in some cases. The key requirement is that the mark must be distinctive, meaning it clearly identifies your goods or services and is not generic or descriptive. Registration provides strong legal protection and makes enforcement easier if someone tries to copy or misuse your brand.
It’s important to apply for trade mark protection early, ideally before launching your product or service. Using a mark without registration can leave you vulnerable, as others may register it first or use something similar. Once your application is filed, you can start using the trade mark commercially, even while it is being examined.
Examples of trade marks include:
- well-known brand names like Qantas;
- logos such as the Nike swoosh;
- taglines like “Just Do It”; and
- the Tiffany blue colour.
These marks help consumers identify the source of goods and services and build trust in the brand.
Trade marks are territorial, meaning you need to register them in each country where you want protection. If you plan to operate internationally, a registered trade marks attorney can guide you through the process and help you secure rights in other jurisdictions through their global networks.
Trade marks are administered in Australia under the Trade Marks Act 1995 (Cth) through the Trade Marks Office at IP Australia.
