Skip to content

5 Ways To Protect Your Trade Mark Online

While having an online platform for your business can expand your market outreach, it can increase your chances of others misusing your trade mark. A trade mark is a sign you use to distinguish your business’ goods and services from other businesses in the market. Without an effective online strategy, your brand could suffer damage as a result of misuse. To protect your trade mark online, you should consider the following. 

1. Register Your Trade Mark with IP Australia

Registering your intellectual property is one of the best ways to protect it. If you successfully register your trade mark with IP Australia, you gain the exclusive rights to use, license and sell your trade mark in Australia. This means that you can enforce your rights in the instance where someone commits trade mark infringement. You should register your full trading name and also any other identifiers you use, such as your logo or an acronym.

A person commits trade mark infringement if they use a trade mark:

  • that is substantially identical with, or deceptively similar to, your registered trade mark; and
  • in relation to the same, or similar, goods or services that your trade mark is registered.

For example, if a tech company sells smartphones using the Apple logo, this would be considered trade mark infringement. 

On the other hand, if you do not register your trade mark, you cannot exercise your rights as easily. For unregistered trade marks, you either pursue a claim for ‘passing off’ or for misleading and deceptive conduct. Nevertheless, to pursue both causes of action, you have the additional burden of proving your rights concerning your unregistered trade mark. Whereas if you successfully register your trade mark with IP Australia, there is no dispute about who is the owner of the trade mark

2. Discourage Misuse

You can use simple methods to discourage others from misusing your trade marks online. Firstly, registered trade marks should bear the reserved symbol ‘®’. This notifies potential infringers that you have rights regarding your trade mark. 

Similarly, you can include a section on your website that states the terms and conditions for the use of your material, including the consequences of misusing your trade mark. This way, you can discourage online users from copying or misusing your trade mark. 

Continue reading this article below the form
Loading form

3. Monitor The Marketplace for Infringement

Many trade mark owners believe that it is IP Australia’s role to monitor the marketplace for potential infringement. In reality, it is your responsibility as a trade mark owner to enforce your trade mark rights. 

For this reason, you should develop a monitoring strategy to identify potential infringements. This can mean reviewing the products your competitors advertise and conducting regular searches on the internet to identify any misuse of your trade mark. While monitoring the marketplace can be costly, it is a worthy investment considering it can help preserve your brand image. 

4. Develop an Enforcement Strategy

Another way you can protect your trade mark online is by developing an enforcement strategy. However, since enforcing your trade mark can be costly and time-consuming, it may not be worth pursuing every instance of infringement. For example, internet users are unlikely to be pursued for downloading infringing copies of material.

On the other hand, suppose you have a registered trade mark protecting your business in the hospitality industry. In that case, it may not be worth pursuing legal action where a tech company uses a similar mark since it operates in a different sector and may be unlikely to confuse or mislead consumers. Therefore, a selective enforcement strategy could be useful to preempt instances when you should enforce your trade marks and allocate a budget accordingly. 

5. Enforce Your Rights 

Lastly, you should take steps to enforce your rights if someone infringes your trade mark. This usually begins by issuing a cease and desist letter to the infringer requesting that they:

  • stop misusing your trade mark; and 
  • act accordingly within the time you requested.

However, issuing a cease and desist on an unfounded claim for trade mark infringement can lead to unwanted legal proceedings against you. Therefore, if you identify a potential infringement, it is wise to seek legal advice to assess the strength of your claim before taking action.

Front page of publication
Guide to Protecting Your Brand

Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.

Download Now

Key Takeaways

Operating your business online can put you in greater danger of trade mark infringement. To prevent others from misusing or infringing your trade mark online, you should:

  • register your trade mark with IP Australia; 
  • discourage misuse by using trade mark symbols and notices;
  • monitor the marketplace for infringement; 
  • develop a selective enforcement strategy; and 
  • enforce your rights if you have a strong claim. 

If you have any questions about protecting your trade mark, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions

What is trade mark infringement?

A person commits trade mark infringement if they use a trade mark that is substantially identical with, or deceptively similar to, your registered trade mark and in relation to the same of similar goods or services that your trade mark is registered. 

What rights do I gain once I register my trade mark? 

If you successfully register your trade mark with IP Australia, you gain the exclusive rights to use, license and sell your trade mark in Australia. 

Register for our free webinars

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now

Franchisor Compliance Update: Code Obligations from November 2025

Online
Stay compliant with the new franchising updates from November 2025. Register for our free webinar.
Register Now
See more webinars >
George Raptis

George Raptis

Read all articles by George

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards