Registering your business name with ASIC doesn’t mean you own it. The government’s own business.gov.au says plainly that a registered business name doesn’t give you exclusive rights. A registered trade mark does: it’s filed with IP Australia, covers the specific classes of goods and services you choose, starts at a few hundred dollars per class and takes at least seven months to register.
That difference matters most when you’ve spent real money on the name: signage, vehicles, a website, years of reviews. If someone else holds the trade mark, they may be able to make you stop using it, and every one of those costs comes around again.
This article is general information, not legal advice. Trade marks have more traps than they look, and the section near the end covers when it’s worth paying a professional.
Business name vs trade mark
| Registered business name | Registered trade mark | |
|---|---|---|
| Who handles it | ASIC | IP Australia |
| What it does | Records who is trading under a name | Gives exclusive rights to use the mark for specified goods and services |
| Stops others using it? | No | Yes, for the goods and services covered |
| Covers logos? | No, words only | Can cover words, logos, or both |
| Area | Australia | Australia |
| Required? | Usually, if you trade under a name that isn’t your own | No, it’s optional |
| Duration | Renew every 1 or 3 years | 10 years from the filing date, then renewable |
You will usually want both. They do different jobs.
What a trade mark protects
A trade mark protects a sign that tells customers which business goods or services come from. That’s usually a name, a logo, or a slogan, though it can be other things.
Two points to understand:
It’s tied to goods and services. You don’t own a word outright. You own it for the specific things listed in your application. “Summit” for building services and “Summit” for coffee can both be registered by different owners, because nobody would confuse the two.
A word mark and a logo mark are different registrations. A word mark protects the name itself, in any font or colour. A logo mark protects the design as drawn. For most small businesses the word mark is the more valuable one, because it covers the name however it’s written. If you change your logo in five years, a word mark still protects the name, while a logo registration covers the old design.
Classes: what you’re paying for
Goods and services are grouped into 45 classes under an international system. You pay per class, so choosing the right ones matters.
Some examples of how this plays out:
- An electrician would usually look at the class covering building, installation and repair services. If they also sell products under the brand, that’s another class.
- A café would look at the class for food and drink services. If they start selling bottled sauce or roasted beans under the name, those goods sit in other classes.
- A psychology practice would look at the class covering medical and health services, and maybe education if they run workshops.
IP Australia’s online application includes a pick list, a set of pre-approved descriptions of goods and services. Using it is cheaper and avoids wording that an examiner might reject.
Costs and timeframes
At the time of writing (late 2026), IP Australia’s fees page lists:
- $250 per class for a standard application using the pick list
- $400 per class without the pick list
- TM Headstart, a pre-assessment service where an examiner looks at your mark before you formally apply: $200 per class to start, and a minimum total of $330 if you convert it to a full application
Fees change, so check the page before you apply. Attorney fees, if you use one, are on top.
On timing, IP Australia says to expect at least seven months from filing to registration. Examination usually happens within 3 to 4 months. If it’s accepted, the mark is advertised and anyone has two months to oppose it. If nobody does, it’s registered, with protection dating back to your filing date.
That seven months is why you apply early. Ideally, file before you print anything expensive.
Names that are hard to register
This is where most small business applications run into trouble. A trade mark has to be capable of distinguishing your business from others. Names that just describe what you do, or where you do it, usually fail:
- Descriptive: “Quality Plumbing”, “Fast Electrical”, “Fresh Coffee Co”
- Geographic: “Ballina Builders”, “Northern Rivers Accounting”
- Common surnames on their own: “Smith Electrical” can face objections
- Laudatory words: “Best”, “Premium”, “Top”
The reasoning is simple. Other plumbers need to be able to say “quality plumbing”, and other builders work in Ballina.
You can still trade under a descriptive name, and plenty of successful businesses do. Just understand you’ll have little ability to stop a competitor using something close. If protection matters to you, a more distinctive name is worth considering, and it’s far cheaper to decide that before the logo design process starts than after.
Before applying, search existing marks using the tools on IP Australia’s search existing trade marks page. We walk through the full set of pre-launch checks, including domains and social handles, in naming your business.
™ and ®
You can use ™ next to any name or logo you’re using as a trade mark, registered or not. It just signals that you consider it your trade mark.
The ® symbol is different. Only use it once the mark is registered in Australia, and only for the goods and services it’s registered for. Using it on an unregistered mark misrepresents the mark as registered, which is an offence under the Trade Marks Act.
Things that catch small businesses out
Applying in the wrong name. The applicant should be the entity that owns the business. If you trade through a company or trust, think about which entity holds the mark. Your accountant may have a view.
Not using it. A registered mark that goes unused for a continuous period (generally three years) can be challenged and removed. Register what you’re using or genuinely about to use.
Assuming you own the artwork. If a designer drew your logo, make sure your agreement transfers copyright in the artwork to you. That’s separate from the trade mark, but you want both sorted. Any designer worth using will do this as standard.
Forgetting renewals. Ten years is a long time, and the renewal notice may go to an old email address. Put it in the calendar.
Ignoring overseas. An Australian trade mark only covers Australia. If you sell online into other countries, that’s a bigger conversation.
When to talk to a trade mark attorney
You can file your own application, and some small businesses do it successfully. Paying for advice makes sense when:
- your search turns up anything similar in a related industry
- your name is borderline descriptive or includes a place name
- you’re unsure which classes or which entity to use
- you’ve received an examiner’s report raising objections
- you’ve had a letter from someone claiming rights in your name
- you plan to expand interstate or overseas, or franchise
- the name is the main asset of the business
IP Australia’s own pages point to attorneys and lawyers for anything complex. Registered trade mark attorneys are regulated, so check the person you use is registered.
If you’re getting a new brand designed, the order that works best is: shortlist names, run the checks, take advice if needed, file the trade mark, then finalise the logo. It’s the order we recommend to anyone starting a branding and logo design project with us, and you can see the kind of identities we produce on our portfolio page. If you’re at the shortlist stage, get in touch before the logo work starts.