28/05/2026
Why do I need to register a trade mark? – is a question our clients often ask us.
Put simply, while not a legal requirement, trade marks are an operational necessity if you’re serious about protecting and promoting your brand.
What is a trade mark?
According to the Trade Marks Act 1995 (section 17) a trade mark is:
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.
A trade mark is a legal right and asset. A trade mark can take many different forms but most commonly is a logo, word or phrase used to distinguish the goods or services an organisation is offering to their clients or consumers from the goods or services of their competitors.
A trade mark is not the same as a domain name or business name. Importantly, just because you have a business name, does not mean you have an automatic trade mark or the right to register your business name as a trade mark.
Why do I need one?
A registered trade mark provides its owner with exclusivity to use a sign (word, logo, etc) as a trade mark to the exclusion of all others throughout Australia.
In the 2026 Australian IP Report, IP Australia reported that after their first trade mark registration, Australian firms will have an income 78% higher than their competitors without trade mark registrations.
Other benefits of trade mark registration include:
- enjoyment of an enforceable right that persists for an initial period of 10 years and can extend indefinitely if the trade mark is kept in use and renewal fees are paid
- registered trade marks become an organisational asset able to be licensed, sold and valued as part of an organisation’s business
- registered trade marks can be used as a marketing tool to promote an organisation’s brand and act as amarker of respect and trust
- helps distinguish goods and services from those of competitors
- acts as a public notice of your brand, deterring others from attempting to register something similar or riding on your coat tails.
The biggest risk associated with not registering a trade mark is that if another organisation starts to use aspects of your brand (which may result in misuse and reputational damage), organisations without a registered trade mark will be in a weaker legal position to defend themselves against potential damage. Being able to point to a trade mark registration is sometimes all that’s needed to ward off potential infringers.
According to the 2026 Australian IP Report, Australia recorded 97,345 new trade mark applications in 2025. This reflected a 13.3% increase from the previous year.
Trade mark registrations are on the rise – don’t get left behind.
Navigating the trade mark registration system can be complex and confusing. Contact Griffin Legal today for assistance registering your trade mark so you can have peace of mind you’re your trade mark is protected and can be used in the scope of goods and services you need.