In Short
- Minor logo changes: If your logo changes slightly, you may be able to submit a change request to IP Australia, but approval isn’t guaranteed.
- Significant changes: A new trade mark application is needed to protect a redesigned logo and ensure continued brand security.
- Word mark protection: Registering your business name as a trade mark separately from your logo provides long-term flexibility and broader protection.
Tips for Businesses
When updating your logo, assess whether your existing trade mark still protects it. If changes are minor, apply for an amendment; if major, register a new trade mark. Consider protecting your business name as a separate word mark for greater flexibility. Consulting a trade mark lawyer can help safeguard your brand’s future.
As your business grows and evolves, you may consider changing your logo – a key element of your brand identity. If you’ve previously registered your logo as a trade mark with IP Australia, it is crucial to understand how modifications to your visual branding might affect your existing protection. This article delves into the considerations and steps you should take when updating your logo to ensure your trade mark remains safeguarded.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Is It Ok to Change My Logo?
It is common and often beneficial for businesses to refresh their branding periodically. This evolution can range from minor tweaks to a complete overhaul. This may involve professional designers and branding experts. You might modernise your logo’s style, incorporate new visual elements, or align it more closely with your current brand values and market positioning.
However, it is vital to remember that changes to your logo, even seemingly minor ones, can have significant implications for your trade mark registration.
In this situation, you may need to lodge a new application to protect that trade mark. The extent of the changes to your logo will determine your next steps in maintaining trade mark protection.
Option 1: Submitting a Change of Trade Mark Request to IP Australia
If you have made only minor or subtle changes to your logo that do not substantially alter its identity, you may be able to submit a change request to IP Australia. This process involves asking the registry to amend the representation of your trade mark on file.
It is important to note that IP Australia has the discretion to approve such requests. You will need to provide reasons why the changes should be considered minor. Additionally, state why the amendment should be granted. You may sometimes be required to submit a formal declaration to support your request.
Continue reading this article below the formOption 2: Filing a New Application to Protect Your New Logo
If your logo has undergone significant modifications that alter its fundamental identity, filing a new trade mark application is the most appropriate course of action. This ensures that your current branding is accurately represented and protected on the register.
While this might seem like an additional burden, it actually presents an opportunity to reassess and potentially expand the scope of your trade mark protection. You can review the goods and services your original registration covers. Update it to reflect any new offerings or future plans for your business. You may wish to discuss this with a trade mark lawyer to ensure you adequately protect your trade mark for the goods and services you are and intend to offer to consumers.
Protecting Your Word Trade Marks
Many logos incorporate visual elements and text, such as your business name or product names. In such cases, seeking separate protection for the word elements as standalone trade marks is advisable. This strategy offers several advantages:
- Flexibility: A word mark registration protects the text in any font, colour, or stylisation, giving you more freedom to modify the visual presentation without jeopardising your trade mark rights.
- Broader Protection: Word marks can provide broader protection against potential infringers who might use similar text in different visual contexts.
- Future-Proofing: As your brand evolves, having a word mark registration allows you to update your logo’s design while maintaining consistent protection for your core brand identifiers.
If that is the case, you should seek to protect that word trade mark, on its own, through a trade mark application to IP Australia.
For example, Nora runs a nail salon called ‘PARADISE NAILS’. Her logo prominently includes the words alongside an image of a unicorn getting its nails done under a palm tree. Nora has a trade mark registration for that logo but is looking to drop the visual element of her logo and stick to a stylised version of the phrase ‘PARADISE NAILS’. In this case, Nora could apply to protect the words ‘PARADISE NAILS’ on its own. If registered, Nora’s protection would extend to using the words in different fonts and colours. Then, in a few years, if Nora changes the trade mark by changing the font, she will likely still be protected from that change under her word trade mark registration.
Key Takeaways
Regularly review your branding and trade mark portfolio to ensure alignment.
- For minor logo changes, consider submitting a change request to IP Australia.
- File a new trade mark application to protect your updated logo for substantial changes.
- Consider separate word mark protection for text elements of your logo.
- Use rebranding as an opportunity to reassess and potentially expand your trade mark coverage.
- Consult with a trade marks lawyer to develop a comprehensive protection strategy.
By proactively managing your trade mark portfolio as your brand evolves, you can ensure that your intellectual property remains protected. This will allow you to grow and adapt your business confidently in an ever-changing marketplace.
If you have questions about trade marks or would like assistance with applying for 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
If you have changed your logo trade mark, and that change does not substantially affect the identity of the trade mark, you can submit a change of trade mark request with IP Australia. However, it is ultimately up to the discretion of IP Australia whether they will allow you to amend your existing trade mark.
A word mark protects the word (for example, your business name) in any font or colour. A logo protects the image’s overall impression (including the orientation, shape and style) and not just the words within the image.
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