You picked the name, built the following and put it on the signage. Registration is what turns that into something you own, can defend, and can sell.
Trade marks
A registered trade mark gives you an exclusive right to use your brand for the goods and services you registered it in, across Australia, and a clear basis for stopping someone else who starts using something too close to it. Registering a company name or buying a domain does none of that.
- Availability searches — checking the register and the market before you invest in a name, so you do not build on someone else’s mark.
- Classification and filing — choosing the right classes and specification, then lodging with IP Australia.
- Adverse reports and oppositions — responding to examiner objections and defending or bringing opposition proceedings.
- Portfolio management — renewals, additional classes as you expand, and international filings through the Madrid Protocol.
- Enforcement — cease and desist correspondence and next steps where someone is trading off your brand.
Beyond trade marks
We also advise on copyright ownership in commissioned work, confidentiality and non-disclosure agreements, IP assignment clauses in contractor and employment agreements, and licensing arrangements — the places where businesses most often discover, too late, that they do not own what they paid for.
Common questions
I registered my business name. Is that enough?
No. A business name registration is an administrative record with ASIC — it does not give you exclusive rights, and it will not stop a competitor registering a trade mark that blocks you from using your own name. The two systems are separate.
How long does registration take, and how long does it last?
An unopposed Australian application typically takes around seven to eight months from filing to registration, with protection backdated to the filing date. Registration then lasts ten years and can be renewed indefinitely.
Should I search before I file?
Always. A search costs a fraction of a rebrand. It tells you whether your mark is likely to be accepted, whether an existing registration blocks it, and whether you are walking into an infringement claim by launching at all.