IP · Trade Marks
Protecting your brand online with trade marks
Why registering a trade mark matters more than a business name or domain, how registration works, and how to deal with copycats online.
By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice
Guides › IP & Domains › Trade marks online
Key takeaways
- A registered trade mark gives exclusive rights to use your brand for the goods and services covered, Australia-wide.
- Business names, company names and domain names do not give those rights.
- Using the ® symbol with an unregistered mark is an offence. Use ™ instead.
Under the Trade Marks Act 1995 (Cth), a trade mark is a sign used to distinguish your goods or services from others. It can be a word, logo, phrase or combination. Registration through IP Australia is the strongest way to protect your brand online and offline.
How registration works
- Search: check the register and the market for similar marks before you invest in a brand.
- Choose classes: goods and services are grouped into 45 classes. Your registration only covers the classes and items you select.
- Apply and examination: IP Australia examines the application, which can take several months.
- Opposition: third parties can oppose the mark after it is accepted.
- Registration: lasts 10 years from the filing date and can be renewed indefinitely.
Business names and domains are not trade marks
Registering a business name with ASIC or a domain name gives you no exclusive rights to the brand, and does not stop you infringing someone else’s registered trade mark. Many businesses discover this only when they receive a letter of demand. For .au domain rules, see our IP and domain names guide.
™ and ®
You can use ™ with any mark you claim as yours. The ® symbol may only be used with a registered trade mark. Falsely representing a mark as registered is an offence.
Dealing with copycats online
- Marketplaces and social media: most platforms have IP complaint processes that work best with a registered mark.
- Domain names: disputes over .au names can be brought under the auDA dispute resolution policy, and over .com names under the UDRP.
- Letters of demand: often resolve straightforward infringement.
- Other remedies: passing off and the Australian Consumer Law can help where a mark is not registered, but they are harder to prove.
Ask a lawyer a quick question
Not sure how this applies to you? Send a short question and an ITLAW lawyer will get back to you, usually within one business day.
Frequently asked questions
How long does a trade mark last in Australia?
Ten years from the filing date, renewable every ten years indefinitely.
Does a business name protect my brand?
No. A registered business name does not give exclusive rights to the name. A registered trade mark does.
Can I use the ® symbol before registration?
No. Only registered trade marks can use ®. Use ™ for unregistered marks.
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