Trademarks 101: What You Need to Protect and Why It Matters

By IP Team

A Jar protecting a registered trademark logo

In today’s competitive market, building a strong brand isn’t just about clever marketing, it’s about legal protection. Many Australian businesses underestimate the importance of trademarks until they find themselves in a costly dispute. Whether you’re a startup or an established company, securing your intellectual property early can save you headaches down the line. So, what exactly should you be protecting, and why does it matter?

What Needs Trademark Protection?

Business Name

If you operate under a unique name, registering a trademark prevents others from trading under a confusingly similar name. Consider the case of The Coffee Club—a well-known Australian café chain. Their registered trademark ensures no one else can trade with a the same or similar name with the same or similar goods/services, protecting their brand identity.

Logo

A strong visual identity is key to brand recognition. Qantas, for example, has trademarked its distinctive flying kangaroo logo. Without this protection, competitors could copy the design, misleading customers into thinking they were associated with the airline.

Taglines & Slogans

Memorable phrases can be just as valuable as logos. Bunnings Warehouse’s slogan, “Our Policy Lowest Prices are Just the Beginning,” is a registered trademark, ensuring competitors can’t mimic their well-known promise in relation to the same or similar goods/services.

Product or Service Names

If you’ve developed a product with a standout name, trademarking it is crucial. Arnott’s Tim Tams are a prime example—without trademark protection, any company could produce a similar chocolate biscuit and call it a Tim Tam.

Distinctive Packaging (Trade Dress)

The shape, colours, and packaging of a product can also be trademarked. Cadbury, for instance, has taken legal action to protect its signature purple colour, preventing competitors from using the same shade for chocolate products.

Why Trademark Protection Matters

  • Brand Identity & Recognition – A trademark keeps your brand unique, making it easy for customers to distinguish your business from competitors.

  • Legal Ownership & Enforcement – With a registered trademark, you have exclusive rights and the legal backing to challenge infringement. Burger King was forced to operate as Hungry Jack’s in Australia due to an existing local trademark.

  • Market Value & Growth – Investors and potential buyers look at a business’s trademark portfolio when assessing its value. A strong trademarked brand can command higher market value.

  • Consumer Trust – Protecting your brand elements ensures customers receive genuine products and services from your business, not a knockoff.

Final Thoughts

Trademarks aren’t just for big corporations. Small businesses and startups benefit just as much. Imagine spending years building a brand, only to have a competitor capitalise on your hard work.

Start your application with Trademarkability’s innovative platform - directly linked to IP Australia’s database.