Let’s be real: most trade marks don’t fail in court, they fail before they're even filed.
Welcome to your anti-rebrand toolkit. Because whether you’re just starting out or scaling like a legend, a dodgy trade mark move can cost you thousands in rebranding, lost revenue, and stress-eating chocolate.
Here are the 5 most common trade mark mistakes we see Aussie business owners make – and exactly how to avoid them.
Mistake 1: Skipping the Trademark Search (Because You Fell in Love with the Name)
It happens all the time: you fall head over heels for a name, order the domain, design the logo, start the Insta account… and then find out someone else already trademarked it.
Cue: heartbreak, rebranding, and potential legal threats.
How to avoid it:
- Search the IP Australia trade mark database properly (not just the first page).
- Check the ASIC Business Name Register.
- Search domain and social handle availability.
- Use AI BOT Marki™ (our trade mark assistant included in our course and membership) to help you dig deeper, including near-matches and similar-sounding names.
Pro tip: Similar spellings and pronunciations can still cause rejection. Don’t assume creative spelling saves you.
Mistake 2: Thinking a Business Name = Brand Ownership
Registering a business name with ASIC just means you've told the government you're using the name. That’s it.
It does not give you exclusive rights.
Why that’s dangerous:
Someone else can trademark the same name and force you to stop using it, even if you've had it for years.
The fix:
A registered trademark is the only thing that gives you the legal right to own and protect your brand.
Want real ownership? File the trademark.
Mistake 3: Filing Under the Wrong Class (Or Writing a Vague Description)
This one’s a silent killer. Even if your name is unique, your application can be rejected or give you zero real protection if your classes or descriptions are off.
3 ways people mess this up:
1. Wrong class: Let’s say you’re a coach who sells digital templates and online courses. You file under class 41 for “education” because you host a few live Zoom sessions. But your income actually comes from downloadable PDF templates and workbooks, which fall under class 9 (digital goods).
That means you’re completely exposed where your revenue lives.
2. Missed related classes: You might search and file under class 41 for online education and coaching, but skip classes like:
- Class 35 – if you're also offering business consulting, brand strategy, or running an online store
- Class 16 – for printed materials like physical workbooks, journals, or planners
- Class 9 – for downloadable templates, workbooks, or audio files
Now, let’s say you want to register "GlowUp" for your coaching academy and file it in Class 41 (education and training services). But another business already holds a registered mark for "GlowUp" in Class 35 (business consulting and training services).
Even though the classes are different, IP Australia may block your application, because coaching and business consulting often go hand-in-hand, and people might assume it’s the same brand.
Why? Because consumers don’t understand trademark class numbers. If the brands feel related, it can be a problem.
Bottom line: protect your whole business ecosystem, not just your flagship offer.
3. Vague or incorrect descriptions: You select the right class, hooray! but then write a weak or overly broad description like:
- "business services"
- "online content"
- "marketing materials"
These don’t give you strong legal footing if someone challenges your trade mark, and they might not even pass examination.
What to do instead:
- Use Marki™ to research what similar businesses are using in their class/description
- Think like IP Australia: could this create confusion in the market?
- Stick with the Picklist: these are pre-approved descriptions in IP Australia's database. They're faster, easier to file, and less likely to cause issues during examination.
-
Choose clear, specific Picklist items such as:
- "Downloadable electronic publications" (class 9)
- "Education services relating to brand development" (class 41)
- "Graphic design services" (class 42)
- "Business consultancy services" (class 35)
Trade marks aren’t just legal admin, they’re about protecting what actually makes your business profitable and unique.
Mistake 4: Choosing a Generic or Descriptive Name
We get it. You want your biz name to say what you do.
But "Online Coaching Co" or "Social Media Marketing Experts"?
Nope. IP Australia will likely reject these for being too generic or descriptive.
Why it matters:
Trademarks need to be distinctive. If your name just describes your service, it won’t be accepted.
How to stand out:
- Make it brandable (Koala, Canva, Foundd, Spotify... you get it).
- Combine real words with made-up ones (e.g., "Legalicious", "CoachAlchemy").
- Use your tagline or slogan creatively – and yes, you can trademark those too.
Mistake 5: Registering and Forgetting It
Congrats, you filed! Now your trademark just protects you forever, right?
Wrong.
Most people forget to:
- Monitor for similar/new trademarks
- Track expiry and renewal dates (every 10 years)
- Enforce their rights when someone copies them
How to stay protected:
Set up Google Alerts for your brand name
- Do quarterly IP Australia checks
- Use a trademark watch service (or DIY with Marki™)
- Send a cease and desist if someone gets too close
A registered trademark is a weapon. But it only works if you use it.
Bonus Mistake: DIYing a Complex Application
If you’re filing one simple class for a totally unique name, DIY might be fine.
But if your mark spans multiple classes, involves a logo or slogan, or you’re in a crowded niche? Don’t risk it.
Rejected applications = no refund. And a waste of precious momentum.
Our advice:
Use IP Australia’s TM Headstart if you're not confident. Or better? Use Tricks of the Trade Mark® course with live supprt and avoid the guessing altogether.
Your Action Plan to Stay Legally Legit
Here’s your checklist to trademark success:
✓ Do a full trademark search (Marki™ can help)
✓ Choose the right class(es) and descriptions
✓ Lock in a distinctive brand name
✓ File early, don’t wait until you’re “ready”
✓ Monitor your mark and renew every 10 years
Want to Make This Easy?
Get our signature course Tricks of the Trade Mark®
Inside you’ll get:
- The full, step-by-step training to register your trade mark confidently
- 1 month Access to Marki™, your trade mark assistant trained by a lawyer
- 1 month access to our membership The Legally Legit Lounge®
- Done-for-you templates and examples
- Real-world explanations, no legal jargon
Want More Support?
When you purchase Tricks of the Trade Mark®, you get:
- Full access to the course + Marki™ for 1 month
- 1 month inside The Legally Legit Lounge® to ask questions and get feedback while you file
Want ongoing support and 12 months of access instead? Upgrade anytime and we’ll credit your full course fee toward your Lounge membership.
Or skip the course-only path and go straight to the Lounge for the complete experience:
- 12 months of access to Marki™ and The Legally Legit Lounge®
- Direct support from Riz + team
- Guidance, troubleshooting, and feedback before you submit
***Disclaimer. Please read!!***
This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.
All rights reserved. © Foundd Legal Pty Ltd
