In Short
- A word mark protects your brand name in any format, while a logo mark protects the visual identity of your logo.
- Registering both provides the most comprehensive protection for your brand.
- You can register different brand elements, including business names, logos, slogans, and product names, to distinguish your goods or services.
Tips for Businesses
If you are starting out, consider registering both your business name and logo for stronger brand protection. If cost is a concern, choose one trade mark that aligns with your business strategy. Keep in mind that registering with ASIC alone does not offer the same protection as a registered trade mark.
When considering trade mark registration for your business, you may be deciding whether to protect your brand name (also known as word mark) or your logo. While registering for both offers the most comprehensive protection, there are situations when you may need to choose one.
It is important to understand the differences between word marks and logo marks so you can make the right decision for your business. A word mark protects your brand name in any format. In contrast, logo marks protect your unique visual identity, as expressed in the logo.
This article explores the key differences between word marks and logo marks. It will help you decide which type of trade marks best supports your brand strategy and protects your business.
What Can I Register as a Trade Mark?
A trade mark is any sign or symbol that represents your business in the market. It helps set your goods and services apart from your competitors and plays an important role in building brand recognition.
The first step is to identify the trade marks used in your business. Most small businesses choose to register their business name or brand name, along with any logos, as trade marks. For some businesses, that is only the beginning, and they may have several trade marks worth protecting. For others, registering their word marks and logos may provide enough protection for their overall brand.
Different Types of Protection
Business names and logos are usually registered as separate trade marks. In Australia, there are several types of trade marks that may apply when registering a business name or logo:
| Type of Trade Mark | Description | Protection |
| Word Mark | This can be, for example, your registered business name or company name, or an entirely separate brand that you have come to offer your goods/services under. | Protects the name itself, not any particular font or styling. |
| Device Mark | A mark composed of only an image or graphic. | Protects the overall impression of the image. This includes the combination of shape, orientation and style. |
| Composite Mark | A mark that contains both a graphic and at least one word. | Similar to a device mark, but this also includes the words in the image. Importantly, the words themselves do not have separate trade mark protection in isolation. |
What if I Cannot Register My Business Name as a Trade Mark?
IP Australia may raise concerns about your trade mark application if there is already an identical or very similar trade mark on the register. In this case, you should seek legal advice. You may need to consider whether to change your trade mark or continue with the registration.
If you choose not to change your trade mark, there is a risk that it may infringe another business’ trade mark rights. There are some exceptions to this, so it is best to speak with a trade mark specialist if you have any concerns.
IP Australia may reject your trade mark application if it cannot clearly distinguish your goods or services from those of other businesses. This usually happens if the trade mark is considered too generic or descriptive. In this situation, you may wish to register your logo rather than your name. If your logo qualifies as a device mark or composite mark, you may have a better chance of successfully registering the trade mark.
However, you may be able to address both objections if you can provide evidence of the use of your trade mark. This means showing that your business has been using the name for a significant period to build your brand presence. The goal is to convince IP Australia that your trade mark has been in use long enough to establish a reputation, so that when people see your brand, they associate it with your business.
What if Both are Available, but I Can Only Afford One?
Registering trade marks can be expensive. Therefore, businesses that are just starting out may choose to apply for only one trade mark to keep costs lower. If both a word mark and a logo are possible options, the decision is yours. You should consider the differences between the two protections, as explained above. Also, it is essential to ensure that no one else is using your name or logo.
It is important to note that registering your business with ASIC does not protect your business name from being used as a trade mark by competitors. If your business name is your most valuable brand asset, you should consider registering it as a trade mark. A word mark will protect the name itself as broadly as possible – i.e., in all fonts and styles.
Some legal services can help you manage costs. For example, LegalVision’s membership includes unlimited trade mark applications (excluding official government fees) and preliminary risk assessments.
How Do Consumers Recognise and Identify Your Brand?
Many logos combine a graphic element with a business name. When the business name is a significant part of the logo’s overall impression, registering it as a word mark can offer some protection for the logo as a whole. This approach provides flexibility, as the word mark registration covers your business name in various visual formats.
While most businesses initially register their business name and later consider registering a logo, there are strong reasons to register both simultaneously. This proactive approach, though potentially more costly initially, can prevent future complications and expenses related to insufficient trade mark protection. By securing both word and logo marks early, businesses establish a strong foundation for their brand identity and reduce the risk of disputes or infringement later on.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Key Takeaways
If you are a new business owner, you should consider whether you wish to register your business name or logo. There are three key types of trade marks that protect business names and logos: word marks, device marks and composite marks. A word mark can provide broader protection than a logo.
If you need assistance in exploring the appropriate trade mark for your business, 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
A word mark protects your brand name in any format, regardless of font or styling. In contrast, a logo mark protects the unique visual identity expressed in a logo. Registering both provides the most comprehensive protection, but one may suffice depending on your needs.
You can register various elements of your brand, such as your business name, logo, product names, slogans, or jingles. These trade marks help distinguish your goods or services from competitors and play a key role in brand recognition. A combination of word and logo marks offers broad protection.
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