Protecting Your Brand: Why Trade Mark Registration Matters and How to Secure It in Australia and Internationally

A strong brand is one of the most valuable assets any business can own. Registering a trade mark is the simplest and most effective way to protect that asset, giving you clear legal rights to use and defend your name, logo, or slogan.

Why Trade Mark Registration Matters

A registered trade mark gives exclusive rights to use your brand in connection with nominated goods and services. It provides a statutory basis to stop others from using similar branding that could confuse consumers.

Without registration, protection is limited to common law actions such as passing off or misleading or deceptive conduct under the Australian Consumer Law. These are reactive, costly, and uncertain. A registered trade mark, by contrast, provides clarity and strength from the outset.

For businesses in sport, fitness, and technology, a trade mark also becomes a commercial asset. It adds value when attracting investors, entering partnerships, or licensing your brand.

The Australian Registration Process

Trade marks in Australia are governed by the Trade Marks Act 1995 (Cth) and administered by IP Australia.

1. Pre-application search – confirm that your proposed brand is available and not deceptively similar to existing registrations.

   
   

2. Application – lodge your trade mark online through IP Australia, identifying the relevant classes of goods and services (there are 45 under the Nice Classification).

   
   

3. Examination – IP Australia examines the application to ensure it meets legal requirements and is sufficiently distinctive.

   
   

4. Acceptance and opposition period – if accepted, the mark is advertised for two months, during which third parties may oppose.

   
   

5. Registration – once any opposition is resolved, the trade mark is registered for 10 years from the filing date and can be renewed indefinitely.

   
   

IP Australia also offers a TM Headstart service that allows for preliminary examiner feedback before lodging a full application, helping identify potential objections early.

The process usually takes around seven to eight months, assuming no objections are raised.

International Protection Through the Madrid Protocol

For brands that operate or plan to expand overseas, trade mark protection can be extended through the Madrid Protocol, administered by the World Intellectual Property Organization (WIPO).

The Madrid system allows Australian trade mark owners to file one application through IP Australia and nominate more than 100 member countries for protection. Each country examines the application under its own laws, but the system simplifies administration and renewals through a single, central process.

If an international application is lodged within six months of the Australian filing, the same priority date can be claimed across all nominated countries. This ensures that later foreign filings are treated as if they were made on the same day as the Australian application.

Registrations under the Madrid Protocol last for 10 years and can be renewed directly through WIPO.

Why Acting Early Matters

Trade mark registration is best done before launching a product, announcing a new business, or expanding into new markets. Early registration avoids brand conflicts, prevents costly rebranding, and ensures that ownership is clear when commercial opportunities arise.

Investors, sponsors, and strategic partners often expect that key intellectual property assets, particularly trade marks, are registered and transferable. For athletes and businesses alike, owning the brand means controlling its commercial future.

How We Can Help

At Aus Sports Law, we work with founders, athletes, and sports businesses to secure and protect their brands in Australia and abroad. Our services cover:

• trade mark searches and risk assessments;

• Australian filings, examination responses, and opposition management;

• international filings through the Madrid Protocol; and

• brand licensing and commercialisation advice.

  
  

We handle the process end-to-end so clients can focus on growing their brand with confidence.

Protect your brand today. Contact Aus Sports Law for trade mark registration and protection packages tailored to your business or sport.