How to check and apply for a trade mark

Myth: A trade mark is the same thing as a business name, company name or domain name.

Fact: It’s not. A trade mark is a sign used to differentiate your business from others in the market who are providing goods or services like yours. The most common types of trade marks are:

  • brand names
  • logos
  • distinctive phrases.

Before you apply to register a trade mark it’s important to check your idea is new to the Australian market. Some words, phrases or images can’t be registered as trade marks. That’s because they’re common words that should be available for everyone to use e.g., ‘warm’ for heaters.

To help small businesses, IP Australia is piloting a new trade mark checker tool so you can check if a trade mark is available to register in Australia, and then easily apply. An initial check only takes a few minutes and is free.

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