Register a Trade Mark - Australian Government

You may need this registration if you intend to establish an exclusive brand for your business or distinguish your goods or services from those of other businesses.

A trade mark is a type of intellectual property (IP) right which distinguishes your unique brand, product or service from other competitors in the market. A trade mark can be used to protect your business name or aspects of your brand. 

Trade marks can be registered or unregistered. A registered trade mark generally provides stronger legal protection than an unregistered trade mark.

Trade marks can be used to protect a logo, phrase, word, letter, colour, sound, smell, picture, movement, aspect of packaging or any combination of these.

To own a trade mark you must be one of the following:

• an individuals
• an incorporated company
• the trustee(s) of a trust
• a political body
• a State, Territory or Commonwealth government entity.

To apply for a trade mark, you must:

• reside (or have an agent that resides) in Australia or New Zealand
• intend to use the trade mark for the goods and/or services in your application.