Reading time: 5 minutes

You may have recently launched your startup, or you may be considering launching a new business or product. If so, you may be wondering why trade marks are important, and whether you should register one for your business. This article will explore five key reasons why trade marks are important to any new (or existing) business.

1. Identity as an Asset

Trade marks form part of your business identity, whether through a distinctive brand name or conceptual logo. Having unique identifiers builds your business profile in the marketplace and helps foster your business reputation as the business grows. These form part of the intangible benefits of having a registered trade mark. 

Consumer psychology and overall brand perception is often impacted by the business reputation and what it stands for. A distinctive trade mark that stands apart from others in the marketplace leads to consumer trust in the brand. This trust grows when the trade mark is registered, as this lends to brand credibility and authenticity. A trade mark is a key asset to any business looking to establish itself.

2. Branding With Conscience 

If your business is interested in operating ethically and with conscience, it is important to make sure that your intended business name is not infringing another business’s registered trade mark. Additionally, you should also consider whether your logo may infringe on another person’s trade mark or copyright protections.

When you register for a trade mark, you will need to consider whether any other identical or similar trade marks exist. Not only does this mean that your business can operate with lower risks, but it also indicates that you are interested in trading ethically, with respect for other businesses’ intellectual property.

3. Reputation Matters

As mentioned above, having a registered trade mark associated with your business builds a reputation in the marketplace. This makes it easy for customers to find you and refer to you. It creates distinction from other businesses and competitors and helps you stand out in the crowd.

Effective branding, and by proxy, applying for a trade mark registration, is a useful marketing tool to draw consumers to your business. Consumer trust in a brand is often extremely vital to the psychology of purchase decision making made by a consumer.

4. Psychology of Consumers

In addition to building a reputation in the marketplace, a registered trade mark also impacts consumer psychology. A consumer who has the choice to purchase the same base product, under different potential brands, may consciously choose to purchase one brand over another. 

Brands and trade marks also possess the qualities of being status symbols. This is particularly relevant when considering trade marks owned by luxury brands, who often emphasise branding their products with heavy use of logos. Consumers may be drawn to this to make a social statement.

Additionally, a particular logo may reinforce a specific idea. This occurs with many well known athletic and sportswear brands that reinforce and engage in motivational messaging in their slogans and symbols. Your business can build these types of profiles and create a brand story through a trade mark.

5. Exclusive Rights

If you intend to use a unique name or logo in your business, you should protect this through formal trade mark registration. It is important to prevent competitors from taking your ideas. They may dilute the nature and quality of the brand you have carefully developed. If you find that another party is using your ideas to promote their business, it may be more difficult to stop if you do not have any registered rights concerning the trade mark.

From a consumer perspective, they may become confused when a competitor uses your brand to promote their goods and services. To add insult to injury, a competitor may not provide the same quality of goods and services. This could have detrimental effects on your brand reputation. 

A registered trade mark grants you exclusive rights to use a certain name, logo or slogan in connection with your business. You can assert these rights if somebody tries to copy your brand.

Key Takeaways

Trade marks are important for many reasons, whether it is to build a brand reputation, create an identity in the marketplace, understand the psychology of consumers or enforce your exclusive rights. A registered trade mark is necessary for a business at any level.

If you need help with trade mark registration, 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 a trade mark?

A trade mark is a form of intellectual property protection for signs and brand elements that distinguish your business from others.

What are the benefits of trade mark protection?

Trade mark protection gives you the exclusive right to use your trade mark. It also gives you legal rights to pursue infringers, and the right to license your trade mark to other entities.


New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards