How to Register a Trademark Name and Logo in Australia: The Complete Guide for Startup Founders

As someone who's launched multiple startups, I've learned that protecting your brand isn't just legal housekeeping—it's survival. Let me tell you why, and exactly how to do it right.

Picture this: You're a global fast-food giant worth billions, and you want to expand into Australia. You've got the marketing budget, the proven business model, and the international recognition. There's just one problem—some local Aussie businessman got to the trademark office first.

That's exactly what happened when Burger King tried to enter Australia, only to discover that a small Adelaide businessman named Jack Cowin had already registered the "Burger King" trademark back in 1971 for his own burger chain, Hungry Jack's. The global giant was forced to license their own name back from Cowin, creating one of the most fascinating trademark stories in Australian business history.

This story perfectly illustrates why trademark registration isn't just about paperwork—it's about claiming your piece of the market and protecting it, even from giants.

What Exactly Is a Trademark?

A trademark is your business's signature in the marketplace. It's the legal right to exclusively use specific words, logos, sounds, colours, or even scents that identify your goods or services.

Think beyond just business names. McDonald's golden arches, Nike's swoosh, and even the distinctive Cadbury purple colour are all registered trademarks. In Australia, you can trademark:

• Business names and slogans ("Just Do It")

• Logos and designs (The Apple logo)

• Colours (Tiffany & Co's distinctive blue)

• Sounds (The Intel jingle)

• Shapes (The Coca-Cola bottle)

Here's what many founders miss: registering your business name with ASIC doesn't give you trademark protection. That's just the right to trade under that name.

A trademark gives you the exclusive right to use that name in your specific industry—and the legal power to stop others from using it.

Why Trademark Registration Could Make or Break Your Business

After launching several startups, I've seen brilliant founders lose everything because they skipped this crucial step. Here's why trademark registration matters more than you might think:

1. It's Your Legal Shield Without a registered trademark, you're essentially building a castle on rented land. Anyone can start using a similar name, logo, or slogan, and there's little you can do about it. With a registered trademark, you have the legal right to stop them—and claim damages.

   
   

2. It Builds Real Business Value When potential investors or acquirers evaluate your startup, intellectual property is a major factor. A strong trademark portfolio can significantly increase your company's valuation. I've seen startups with registered trademarks command higher prices purely because their brand was legally protected.

   
   

3. It Prevents Costly Rebranding Imagine building your brand for three years, only to receive a cease-and-desist letter forcing you to rebrand. I've watched this destroy promising startups. The cost isn't just financial—you lose all the brand recognition and customer loyalty you've built.

   
   

4. It Opens International Doors A registered Australian trademark makes it easier to register trademarks in other countries. If you're planning to expand globally (and what ambitious founder isn't?), this gives you a head start.

   
   

5. It Stops Trademark Trolls There are people who systematically register trademarks they don't intend to use, just to sell them later to legitimate businesses. Getting in first protects you from these predators.

What You'll Need Before You Start

Before diving into the registration process, gather these essentials:

Your Business Information:

• Australian Business Number (ABN) or proof of your intention to trade

• Your business address (can be a home address for sole traders)

• Contact details for correspondence

What You Want to Protect:

• The exact name, logo, or slogan you want to register

• High-quality images if you're registering a logo (JPG, PNG, or PDF format)

• Detailed description if you're registering something unusual like a colour or sound

Your Business Activities:

• Clear understanding of what products or services you sell

• Knowledge of your target market and how you plan to use the trademark

The more specific and clear you are about these details, the smoother your application process will be.

If it’s worth putting on the building, it’s worth putting on the register.

How to Register Your Trademark: Step-by-Step

Having guided numerous startups through this process, here's the exact method that works:

Step 1: Check If Your Trademark Is Available

This is where most founders rush and make expensive mistakes. Use IP Australia's free trademark search tool (TM Headstart) to check if your desired trademark is already taken or similar to existing ones.

Don't just search for exact matches. Look for:

• Similar spellings or phonetic variations

• Related words that could cause confusion

• Visual similarities if you're registering a logo

Pro tip: Search beyond registered trademarks. Check domain names, social media handles, and even unregistered business names. Finding a legally available trademark that conflicts with a well-known unregistered brand can still cause problems later.

Step 2: Define What You Want to Register

Be precise about what you're protecting. Are you registering:

• Just the words of your business name?

• A logo design?

• Both separately (recommended)?

• A slogan or tagline?

Each element needs a separate application. Many founders try to save money by combining everything into one application, but this often backfires. If one element gets rejected, it can jeopardise the entire application.

Step 3: Choose Your Classes

This is critical and often misunderstood. Trademarks are registered for specific categories of goods and services, called "classes." There are 45 international classes—34 for goods and 11 for services.

For example:

• Class 25: Clothing, footwear, headgear

• Class 35: Advertising, business management, retail services

• Class 42: Software development, computer services

Choose carefully. Your trademark only protects you within the classes you register. If you register in Class 25 (clothing) but later want to sell software, you'll need a new application for Class 42.

Mentor Tip: Consider where your business might expand. It's often cheaper to register multiple relevant classes upfront than to add them later.

Step 4: Apply Online Through IP Australia

Use IP Australia's online system—it's cheaper than paper applications and much faster. You'll need to:

• Complete the online application form

• Upload any images (for logos)

• Pay the application fees

Important: Once you submit, you can't easily change the trademark details. Double-check everything before hitting submit.

Step 5: Wait for Examination and Approval

IP Australia will examine your application within 7-10 months. They check:

• Whether your trademark meets legal requirements

• If it conflicts with existing trademarks

• Whether it's distinctive enough to be registrable

If approved, your trademark gets published in the Australian Official Journal of Trade Marks. Other businesses have two months to oppose your application. If no one objects (and most don't), you'll receive your certificate of registration.

What It Costs and How Long It Takes

Let's talk numbers, because as founders, we need to budget for everything:

Government Fees (as of 2025):

• Standard application: $250 per class (online)

• If you need to amend your application: Additional $220

• Renewal every 10 years: $400 per class

Timeline:

• Initial examination: 7-10 months

• Publication period: 2 months

• Total process: Usually 9-12 months for straightforward applications

Hidden Costs to Consider:

• Professional trademark attorney: $3,000+ (optional but recommended for complex cases)

• Response to objections: $500-$2,000 if IP Australia raises concerns

Money-Saving Tip: Start with your core business activities and expand to additional classes as your business grows. It's better to have solid protection in one relevant class than weak protection across many irrelevant ones.

Common Mistakes That Could Cost You Everything

After watching countless founders stumble through this process, here are the mistakes that hurt the most:

1: Skipping the Professional Search

The basic IP Australia search is free but limited. It won't catch everything that could cause problems. I've seen founders lose months of work because they missed similar trademarks that weren't obvious in basic searches.

The fix: For important trademarks, invest in a comprehensive search by a trademark attorney. It costs a few hundred dollars but could save you thousands in rebranding costs.

2: Wrong Class Selection

This is huge. I know a founder who registered their app name in the wrong class and later discovered a competitor had the same name registered in the correct class for software. Guess who had to rebrand?

The fix: Research the class system thoroughly. When in doubt, consult a professional or register in multiple relevant classes.

What to Do Right Now

If you're ready to protect your brand, here's your action plan:

✅ Download our Trademark Registration Checklist from Prodesk.com—it includes specific Australian requirements and class selection guides that will save you time and mistakes.

✅ Don't want to handle this yourself? The team at Noize (noize.com.au) has helped thousands of startups navigate trademark registration while focusing on building their businesses. They handle the legal complexity so you can focus on growth.

✅ Want the complete startup playbook? The Startup Deck (thestartupdeck.com) includes detailed guidance on intellectual property protection along with hundreds of other essential business tasks. This trademark registration process is just one card in a comprehensive system.

The Bottom Line

Trademark registration isn't glamorous, but it's essential. Like insurance, you hope you'll never need to enforce it, but when you do, you'll be grateful you have it.

Don't let someone else claim the brand you're building. The few hundred dollars and several months it takes to register your trademark could be the best investment you ever make in your startup.

Your brand is worth protecting. Start today.

FAQs

Do I need to register a trademark if I’ve already registered my business name? 

No — registering a business name with ASIC does not give you trademark protection. A trademark gives you the exclusive legal right to use a name or logo in your industry and to prevent others from using something similar.

How much does it cost to register a trademark in Australia? 

As of 2025, it costs $250 per class for a standard online application through IP Australia. Additional costs may apply if your application is opposed or if you need legal assistance.

Can I trademark a logo and name together? 

Yes, but they are treated as a combined trademark. If you want separate protection for each (recommended), you should file separate applications for the name and the logo.

How long does it take to register a trademark? 

It usually takes 9–12 months for full registration, including examination (7–10 months) and a 2-month opposition period.

Can I register a trademark without an ABN? 

Yes, but you must be able to show a clear intention to use the trademark for business in Australia. Having an ABN strengthens your application and speeds up approval.

What happens if someone opposes my trademark application? 

If your trademark is opposed, you’ll be notified and must respond. The process may require legal representation and can delay registration or result in rejection if not resolved.