Last Updated on 13/08/2025 by Damin Murdock
For any business operating in Australia or internationally, protecting your brand is a critical part of building long-term value and market presence. Trademark registration offers the strongest legal foundation for safeguarding your name, logo, slogan, or any other unique brand identifier.
At Leo Lawyers, we regularly advise clients on how to secure and enforce these trademark rights in Australia. Below, we outline what you need to know about trademark registration in Australia and key considerations for protecting your brand in international markets.
Why Register a Trademark in Australia?
Registering a trademark in Australia provides legal and commercial advantages, most importantly granting you exclusive rights to use the mark in relation to your specified goods or services. This process offers a robust foundation for your brand.
Key benefits of registration include:
- Proof of Ownership: Registration serves as definitive legal evidence that you own the trademark.
- Exclusive Rights: Only your business has the right to use the mark within your registered classes, preventing others from infringing on your brand.
- Stronger Legal Protection: Unlike unregistered marks, you do not need to prove extensive reputation or misleading conduct to take legal action against infringers, streamlining enforcement.
- Brand Goodwill: Registration actively protects the reputation and distinctiveness of your brand in the marketplace, safeguarding its value.
What Are the Requirements for Trademark Registration?
To be accepted for registration, a trademark must be distinctive and capable of distinguishing your goods or services from those of others. A trademark will generally not be registered if it directly describes the goods or services or their qualities, uses common surnames or geographic terms, or is deceptively similar to an existing trademark.
Using and Protecting Trademarks Internationally
Trademark protection is territorial. Registering your mark in Australia only protects it within Australia. If you are trading or plan to trade overseas, you must consider registering your mark in each relevant jurisdiction or use an international registration system such as the Madrid Protocol.
Several key international considerations apply. For instance, merely using a mark abroad does not grant protection in Australia. If the mark has not been used or registered here, others may be able to register it. Conversely, a trademark can be protected even when goods are in the course of international trade, before reaching the consumer and local use is broadly defined, generally meaning a trademark can be considered “used” in Australia if it appears in local advertisements or if there is an intent to sell the goods here. This is why you may see American fast food chains like Wendy’s having a popup restaurant every few years. In essence, Wendy’s has had their Australian trade mark since in or about 1975, but did not open any restaurants in Australia. However, Wendy’s is able to maintain its trade mark by having local usage through tis popup restaurants. We note that Wendy’s has now opened its first restaurant in the Gold Coast in 2025, 50 years after the registration of its trade mark.
Best Practices for Brand Owners
To ensure your trademark rights are protected and enforceable, Leo Lawyers recommends the following steps:
- Register Early: delay can allow competitors to register your mark or something confusingly similar. Early registration establishes priority and helps prevent costly disputes.
- Maintain Genuine Use: you must use your trademark in the course of trade to retain rights. A mark registered without intention to use it can be challenged for non-use.
- Expand Internationally with Strategy: register trademarks in all jurisdictions where you plan to trade.
- Monitor and Enforce Your Rights: Once registered, you should actively monitor for infringement and take steps to stop unauthorised use. Trademark registration simplifies enforcement and strengthens your legal position.
Conclusion
Trademark registration is one of the most cost-effective and powerful ways to protect your brand identity. Whether you are launching a new business or expanding into new markets, early and strategic registration can safeguard your rights and prevent disputes.
At Leo Lawyers, we help businesses of all sizes secure, manage, and enforce their trademark portfolios in Australia. Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
