When Should You Register a Trade Mark? A Straightforward Guide for Business Owners
- JLAJLA
- Apr 21
- 3 min read
Intro
You’ve got a great name, a polished logo, and a growing client base. But have you registered your trade mark—or are you relying on ABNs, domain names, and hope?
This post explains when it makes sense to register a trade mark, what it protects, and why registration gives you more than just peace of mind.
Why It Matters
Many business owners assume that registering a business name or domain gives them ownership. It doesn’t. Without a registered trade mark, someone else can register a similar brand—and you may have limited legal ground to stop them.
Even worse, you could be forced to rebrand if your business name infringes someone else’s registered mark.
What You Need to Know
What a Trade Mark Protects
A trade mark protects the brand elements that distinguish your goods or services from someone else’s—most commonly your name and logo.
It gives you:
The exclusive right to use that brand for the goods/services listed
The right to stop others using something similar in a confusing or misleading way
A stronger position if disputes arise over brand identity or domain use
| Worth Knowing: Trade marks are registered by class. You only get protection for the specific goods or services you list.
When to Register
You should seriously consider registering your trade mark if:
You’re investing in marketing or growing brand awareness
You have competitors with similar names
You license your brand or plan to franchise
You want to stop copycats or impersonators early
You’d rather avoid a costly rebrand down the track
Early registration is almost always cheaper and easier than dealing with infringement later.
What About Business Names and Domains?
These don’t give you ownership or exclusivity. A business name is just a registration that allows you to trade under that name. A domain gives you the web address—but doesn’t stop others from using a similar name offline or in other sectors.
Only a registered trade mark gives you clear legal rights to the brand.
Real-World Example: Katie Perry vs Katy Perry
Australian fashion designer Katie Perry registered her name as a trade mark for clothing back in 2008—long before US pop star Katy Perry began selling branded merchandise in Australia. When Katy Perry’s team used a similar name on clothing in Australia, Katie Perry pursued legal action based on her registered trade mark rights.
After more than a decade of proceedings—including several rounds in the Federal Court—the case is now heading to the High Court of Australia. It’s a timely reminder that even high-profile brands can run into legal trouble if someone else got there first and registered properly.
Commercial Insight
A trade mark is a business asset—just like equipment, inventory, or IP. It adds value to your business, helps with investor and buyer confidence, and gives you leverage in disputes.
It also signals to competitors that you’re serious about protecting your brand.
What to Do Next to Register Your Trade Mark
Check if your name or logo is already registered by someone else
Review where and how your brand is used (e.g. website, signage, packaging)
Consider a trade mark search or application, especially if you’re in growth mode
Talk to a lawyer if you’re unsure what classes to register under
A bit of upfront work now can save time, money, and legal trouble later.
Closing Wrap
I help business owners register trade marks that match their growth strategy—so their brand is protected from the start. If you’re building a name and want to keep it safe, let’s talk about your options.
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