I've changed my logo - does my trade mark still protect it?

Brands evolve. Logos get refreshed, fonts get updated, and design trends change. But if you've registered your logo as a trade mark, a rebrand raises an important question: does your existing registration still protect the new version?

The answer depends on how significant the change is.

Minor changes are usually fine

If the update is relatively minor -a slight font change, a colour refresh, a small layout tweak -and the overall identity stays substantially the same, your existing registration should still cover the new version.

Trade mark law doesn't require you to use your mark in the exact form it was registered. There's room for minor variations, as long as the mark you're actually using would still be considered substantially identical to the mark on the register.

For example, if you've updated the font weight of your logo text or adjusted the spacing between elements, but the overall impression is the same, you're likely still within the scope of your registration.

Significant changes are a different story

If the change is more substantial -a completely new design, different stylistic elements, a major layout overhaul, or the addition or removal of graphic elements -your existing registration may not cover the new version.

The test is whether the mark as used is "substantially identical" to the mark as registered. If a reasonable person would see them as meaningfully different marks, you may have a gap in your protection.

This creates two problems:

Your new logo may not be protected. If the updated design falls outside the scope of your existing registration, competitors could use something similar without infringing your trade mark.
Your old registration could become vulnerable. If you stop using the original version of the logo, your registration could be at risk of a non-use removal action. Under Australian trade mark law, a third party can apply to cancel a registration that hasn't been used for a continuous period of three years.

In other words, you could end up in a situation where your old registration no longer protects what you're actually using, and the registration itself is at risk because you've stopped using the original.

Plan your trade mark strategy alongside the rebrand

The best approach is to think about your trade mark protection before you finalise a rebrand -not after.

If you're planning a significant visual update, get advice on whether your existing registration will still cover the new design. A trade mark professional can compare the two versions and let you know where you stand.

If you do need a new application for the updated logo, it's better to know that upfront so you can factor the timing and cost into the rebrand project.

Should you keep the old registration?

If you file a new application for your updated logo, you might wonder whether it's worth keeping the old registration as well.

In some cases, it can be. For example:

If a licensee is still using the original mark under a licence agreement.
If you want to maintain the earlier priority date (useful if someone files a similar mark later).
If the old design is still being used in some form, even if it's not your primary branding.

However, if you've completely moved on from the original and no one is using it, the old registration will eventually become vulnerable to non-use removal. In that case, the cost of renewal may not be justified.

For more on the difference between word marks and logo marks, and how each type offers different protection, see our guide on word marks vs logo marks.

Frequently asked questions

Does this apply to word marks as well?

Word marks protect the name itself, regardless of visual presentation. So if you've only changed how the name looks (new font, new colours) but the words haven't changed, a word mark registration is unaffected. This is one of the advantages of having a word mark -it's not tied to any particular design. See our guide on trade mark registration in Australia for more.

How do I know if my change is "minor" or "significant"?

There's no bright-line rule. It's a question of overall impression. If you're unsure, it's worth getting a professional opinion before committing to the new design. A trade mark lawyer can compare the registered mark with the proposed update and advise on whether a new filing is needed.

Can I update my existing registration instead of filing a new application?

No. Once a trade mark is registered, you can't change the representation of the mark on the register. If the new design is different enough to require a separate filing, you'll need to submit a fresh application. For more on how long your existing registration lasts, see our guide on how long a trade mark registration lasts.

Need help?

If you're planning a rebrand and want to understand how it affects your trade mark protection, contact us for advice. It's always better to plan ahead than to discover gaps after the fact.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.