Why are trademarks important, specifically in business? There are three things that you must keep in mind as a business owner with regard to your trademark registration:
- exclusive rights
- building brand value
- marketing and differentiation.
What Is a Trademark?
A trade mark is a means, such as a company name or emblem, of distinguishing a special good or service. One kind of intellectual property (IP) protection that safeguards a company’s distinctive name, goods, or services is a registered trade mark.
Section 17 of the Trademarks Act 1995 defines it as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.”
It protects a:
- word
- phrase
- logo
- letter
- number
- symbol
- sound
- shape
- image
- scent.
Here are some benefits of trademarks:
- You can only use a trademark that you have registered legally in Australia to refer to your products or services. This entitles you to prevent third parties from confusing customers by using a trademark that is confusingly similar to yours.
- You are in charge of how your brand is portrayed, and you guard the goodwill attached to it.
- A registered trademark serves as a warning to potential copycats, discouraging them from stealing your brand’s components. The TM sign makes it very evident that your work is protected.
- You are in an advantageous position to pursue legal action if your brand is being used without authorisation.
- A trademark builds brand recognition and makes your business more memorable for consumers. Customers are more likely to choose products or services they recognise.
- Trademarks help you differentiate yourself from competitors in the market, attracting and retaining customers.
Australian Trademark Law
The Trademarks Act 1995 is the primary legislation that governs the use and registration of trademarks in Australia. This law has the following functions:
- Provides a framework for registering trademarks
- Defines what can be trademarked
- Establishes the rights of trademark owners
- Covers trademark infringement and enforcement
Some relevant provisions of the Act are the following:
- Section 18 – The regulations may provide that a sign specified in the regulations is not to be used as a trade mark or as part of a trade mark. However, this section does not apply to:
- a trademark that was a registered trademark; or
- in the case of unregistered trademarks, such mark was being used in good faith;
- Section 20 – Registered trademarks rights. This one provides that if a trade mark is registered, the registered trademark owner of the trade mark has the exclusive rights:
- to use the trade mark; and
- to authorise other persons to use the trade mark.
- Section 22 – Subject only to any rights that appear in the Register to be vested in another person, the registered owner of a trade mark may deal with the mark as its absolute owner and provide a good faith discharge for any money received for that dealing.
- Grounds for rejecting an application – The Act establishes the grounds under sections 39 to 44.

How To Register Your Trademarks?
Here’s a simple step by step process for the registration of your trademark:
- Decide if you have a trade mark.
- Search existing trade marks to double check that there hasn’t been a similar mark registered before.
- Research about the cost and process duration. See this link.
- File your application.
- Wait for the outcome. IP Australia will let you know if there’s an issue with your registration. You can resolve such issue by filing the appropriate response.
For more information on how to register trademarks in New South Wales, visit this link.
Intellectual Property Law in Australia
Trade marks, designs, patents, trade secrets, and other intangible assets related to conducting business are examples of intellectual property (IP) and other intangible assets.
Australian intellectual property laws aim to foster innovation and safeguard companies that create unique intellectual property in order to gain a competitive edge. Additionally, Australia is a party to several international accords that safeguard intellectual property rights abroad.
Moreover, the Australian government organisation in charge of enforcing IP laws and rights is called IP Australia. IP Australia has a four-fold purpose:
- Patent protection.
- Trade mark protection
- Domain name registration
- Design protection
- Copyright protection
Patent Protection
An Australian patent gives the holder the authority to legally prevent others from producing, utilising, or commercialising their invention in Australia. It can also be used to grant permission to another party to produce an innovation under specified conditions.
IP Australia is responsible for managing Australian patents. However, you must first obtain expert counsel before submitting a patent application. For more information, check this out: What are patents?
Trademark Protection
Australia boasts a sophisticated legal framework that safeguards both private and corporate intellectual property. A trademark preserves your distinctive brand and sets your good or service apart. To fit your business, a variety of trade mark kinds are available.
Moreover, as a marketing tool, businesses can register a trade mark. Getting your brand legal protection by a registered trade mark stops others from using it. Trademarks are granted nationwide protection.
To know more about trademarks in Australia, visit IP Australia’s page on trademarks.
Domain Name Registration
An exclusive website address that enables others to visit your website is called a domain name. The .au Domain Administration (auDA) is responsible for overseeing and regulating internet addresses that finish in “.au,” which are registered in Australia.
Design Registration
Australia’s design registration process is governed by statute. An individual design, one design in relation to several goods, or several designs might all be included in a single design application. Applications for design registration must be submitted to IP Australia’s Designs Office. If the design complies with legal criteria, it will be evaluated by the Designs Office.
Copyright Protection
The purpose of Australian copyright law is to support and safeguard companies that devote their resources—including time and labor—to the production of original works. Additionally, Australia is a party to several international agreements about copyright.
Furthermore, Australian law immediately accords protection by copyright to any original material. There is no need for a specific registration. The downside is that there are some limitations on what is covered and on using content that is protected by copyright.

Talk to a Legal Expert About Trademark Register Law
Trademark law and its legal terms may not be easy to comprehend. Thus, an attorney who is well-versed in the legal criteria pertaining to registrability, distinctiveness, and any conflicts, can be a big help.
Our lawyers at JB Solicitors can save you a significant amount of time and money by assisting you in avoiding application errors that could result in rejection. We can also assist you in determining which type of trademark is most suitable for your particular requirements and formulate the most effective protection plan.
Do you have issues with an unregistered trademark? Are you unfamiliar with trademark laws? Contact us today for more information.