Do I need to register my business’ logo or brand name as trade marks?

The short answer is ‘no’. You don’t need to register your business’ name and/or logo as a trade mark. In Australia you do have a legal obligation to register your business name, of course, but registering your business name or logo as trade marks is different to registering it with ASIC.

Registering your business name does not prevent others from using it, nor does it actually provide you with the right to use that name. Using a business name that has not been registered as a trade mark could infringe someone else’s registered trade mark. That means the longer answer to the question ‘Do I need to register my business’ logo or name as a trade mark?’ is ‘yes’, invest in registering a trade mark or trade marks to give your brand more protection and, potentially, a competitive edge.

The ‘trade mark’ question is one that I am often asked because I work in brand strategy (choosing whether to register a trade mark is part of a brand’s strategy). However, I am a graphic designer, not a trade marks specialist and if you want advice about the trade marks process you need to consult someone who is an expert and qualified in this field - ie a trade marks attorney.

Someone I highly recommend is Jacqui Pryor of Mark My Words. Jacqui has a wealth of knowledge in the subject and specialises in guiding small businesses through, what can sometimes be, a daunting process. Jacqui says:

“Often small business owners believe that the process to register or protect a trade mark is complicated and costly. Whilst at times it can be, more often than not it is simpler and less expensive than most first realise. If nothing else, business owners should undertake trade mark searches at the time of registering their business names with ASIC to ensure their chosen name/s are unlikely to infringe the registered trade mark rights of others”.

Demonstrating that your logo has been protected by a trade mark

Once you’ve registered your trade mark, and if it’s your logo mark that’s been registered I can help you set up the versions of your logo that show it’s protected. That means incorporating the ® symbol. You’re not obliged to use the registered trade mark symbol every time you display your logo, but using it demonstrates to others that your brand has the protection of a federally registered trade mark. For example your website’s footer page could show the registered trade mark version of your logo, but you may choose not to use it on the site’s header. One thing that’s important to remember is that it’s illegal to use the ® symbol if you have not registered a trade mark. During the process of registration, or when using a name or logo as an unregistered trade mark, you can use the TM symbol.

So this article gives you a little information about, what can be, a complex subject, but I’ll finish with a few points to remember:

• You’re not legally obliged to register a trade mark, but it’s a good idea to invest in this protection for your brand

• Graphic designers/brand strategists are unlikely to be trade marks experts, but they can help you make sure that your trade mark status is displayed with your brand (as long as you give them accurate information about what version of your logo or brand mark is protected)

• You can embark on the trade marks registration process yourself, but it’s a good idea to engage an expert to avoid pitfalls. Sometimes it is a case of you don’t know what you don’t know. A DIY trade mark application may seem straightforward, but there are mistakes that can be made that simply cannot be fixed after the application is filed.

For more information about trade marks visit IP Australia - What are Trade Marks?