Business Registration
Trademark
Understand how trademarks protect brand assets and how they differ from business names, company names, and domains.
Overview
Trademark explained
A trademark in Australia is a registered right that protects a brand element, such as a name, logo or slogan, for the specific goods or services you use it on. Registered with IP Australia, it gives you exclusive rights that a business name or domain simply cannot.
This is the key distinction many owners miss: registering a business name, a company or a domain does not stop competitors using a similar brand. Only a trademark gives you the legal right to stop others trading off your reputation.
Cockatoo helps you understand what a trademark covers and how it sits alongside your other registrations, so you can decide whether your brand is worth protecting.
What to check
Key points
- A trademark is registered with IP Australia across goods and services classes.
- It grants exclusive rights that a business name or domain does not provide.
- Registration lasts ten years and can be renewed indefinitely.
- It protects brand elements like names, logos and slogans, not your legal entity.
Before you start
What you'll need
- A clear idea of the brand element you want to protect.
- An understanding that protection is tied to specific goods or services.
- Awareness that a business name registration is not the same as a trademark.
- A sense of which competitors or similar brands already exist.
- A view on how important brand exclusivity is to your business.
Process
How it works
- Identify the brand asset, such as a name or logo, that gives you an edge.
- Understand that a trademark covers chosen classes of goods or services.
- Compare the protection a trademark offers against a business name alone.
- Decide whether your brand is distinctive and valuable enough to register.
Avoid these
Common mistakes
- Assuming a registered business name or company name protects the brand.
- Believing owning the domain stops others using a similar name.
- Choosing a brand so descriptive it cannot be registered as a trademark.
- Investing heavily in a brand without checking it is free to protect.
Common questions
Trademark FAQs
How does a trademark protect my brand in Australia?
A trademark registered with IP Australia gives you exclusive rights to use a brand element, like a name or logo, for the goods or services it covers. That lets you stop competitors using a similar mark, a protection a business name or domain alone does not provide.
What is the difference between a trademark and a business name?
A business name is just a trading name registered with ASIC, and it does not give exclusivity. A trademark is a legal right that protects a brand element for specific goods or services. You can hold both, but only the trademark stops others using your brand.
Does owning a domain or company name protect my brand?
No. A domain only secures a web address, and a company name only identifies the legal entity. Neither prevents another business using a confusingly similar brand. To genuinely protect a brand, you register it as a trademark across the relevant classes.
How long does a trademark last?
A registered trademark in Australia lasts ten years from the filing date and can be renewed indefinitely in further ten-year periods. As long as you renew on time and keep using the mark, the protection can continue for the life of your brand.
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