Because legally protecting your brand shouldn't require a law degree or a breakdown.
Why Trade Marking Your Brand Matters
Let’s get one thing straight: your brand is more than a name or a pretty logo. It’s your identity, your reputation, and potentially, your most valuable business asset.
Without a registered trade mark, someone else could swoop in, use your name, and legally stop you from using it. You could lose your domain name, your Instagram handle, or worse have to rebrand everything.
And trust us, that’s not fun. 😬
So how do you protect it?
👉 Registering a trade mark gives you the exclusive right to use your brand name, logo, or tagline across Australia, and even globally (if you extend your rights). It lasts 10 years and can be renewed indefinitely.
But the process? It’s a minefield of confusing legal lingo, class codes, and potential roadblocks.
That’s where we come in.
Step-by-Step: How to Register a Trade Mark in Australia
Here’s a simplified breakdown of how to get it done:
1. Do a Trade Mark Search
Use the Australian Trade Mark Search tool to check if your name or logo is already registered (or too similar to an existing one).
Pro Tip: If you skip this step, you risk rejection, or worse, infringing on someone else’s rights.
2. Choose the Right Classes
Trade marks are categorised into 45 classes (covering goods and services). You need to choose the ones that reflect what you actually offer.
e.g. If you're a graphic designer, you might register in Class 42. Selling digital products? That could be Class 9.
This part trips a lot of people up, because picking the wrong class means your protection may be worthless.
3. Prepare Your Application
You’ll need to submit details like:
- Your business name or logo
- The correct class numbers
- Description of your goods/services
- Whether it’s a word mark or logo mark
You can apply through IP Australia, it’s all online, but far from beginner-friendly.
4. Application Review & Examination
After you apply, it takes around 3–4 months for your application to be examined. If it passes, it’s published in the Australian Official Journal of Trade Marks for opposition.
5. Wait for the Opposition Period
There’s a 2-month window where others can object if they think your mark infringes on theirs. If no objections are raised, your mark is registered 🎉
6. Manage & Renew
Your trade mark lasts 10 years. Keep records, renew on time, and enforce your rights if needed.
Common Mistakes Creative Business Owners Make
Let’s be real, most creative entrepreneurs aren’t lawyers (and shouldn't have to be). But these mistakes can cost you serious cash or your brand altogether:
- Filing under the wrong class
- Assuming your business name is automatically protected
- Not searching properly beforehand
- Ignoring logos, taglines, or other valuable IP
- Thinking "I'll do it later" (until it’s too late)
And if you're DIYing it without help? It can quickly become overwhelming, fast.
Why Our Trade Mark Course Is Unlike Anything Else
This is where things get exciting.
Introducing: the Trade Mark Course that actually speaks your language.
Built by a lawyer with 20+ years of experience in intellectual property, this course is designed for creatives, by a legal pro who gets you.
What makes it different?:
- Step-by-step guidance (in plain English, no legal gobbledygook)
- 1 month access to our Custom AI Bot built by our founder, a lawyer, to give instant answers to your burning trade mark questions
- 1 month access to unlimited support inside our exclusive Foundd Lounge (ask anything, any time)
- Real-world examples tailored to creative and online businesses
- Worksheets, checklists, and templates to simplify the process
- Confidence that you're doing it right, the first time
Oh, and did we mention lifetime access to all the modules? 🎉
So if you've been putting off registering your trade mark because it's “too hard” this course was literally made for you.
EXPLORE THE TRADE MARK COURSE NOW
You Deserve to Own Your Brand
You’ve worked too hard building a business you love to risk losing your brand name because of a legal technicality.
Registering your trade mark isn’t just a legal formality, it’s a powerful, strategic move that protects your business long-term.
And now, it doesn’t have to feel impossible (or boring as hell).
We’ve got your back, with a course that combines expert legal knowledge, AI-powered answers, and a whole lot of support (and sass).
Ready to protect your brand without losing your mind?
CLICK HERE TO JOIN THE TRADE MARK COURSE
Because knowing your brand is legally protected? That’s priceless.
***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.
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