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Trade Marks

Jurisdiction: Australia. Reviewed 27 October 2026.

A trade mark identifies the commercial origin of goods or services. It can include a word, logo or other qualifying sign. In Australia, registration and unregistered reputation provide different possible forms of protection.

Registration and other rights

A registered owner has statutory rights for the specified goods or services, subject to legal limits. An established unregistered brand may have protection through passing off or consumer law where the required elements are established. A business name or domain registration alone is not a trade mark registration.

Different kinds of marks

Ordinary trade marks distinguish a trader’s goods or services. Certification marks indicate compliance with defined standards; collective marks identify members of an association. These categories have different requirements and are not interchangeable.

Search and use carefully

Search similar marks and relevant goods or services before adopting a brand. Keep ownership records and use the mark consistently. ™ indicates a trade mark claim; ® should be used only for a registered mark in its registered form.

Manage the asset

Registration can be licensed or transferred and renewed at ten-year intervals. Non-use can create a risk of removal under the statutory rules. Monitor possible conflicts, but distinguish actual infringement from ordinary competition. Overseas expansion needs a separate territorial protection plan.

Sources and further reading

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