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

If the change is minor, your existing registration almost certainly still covers you. If the change is significant, it probably doesn't — and you may need to file a new application.

The test is whether the logo you're actually using is "substantially identical" to the logo on the trade mark register. If a reasonable person would see them as the same mark with minor variations, you're fine. If they'd see them as meaningfully different marks, you have a gap in your protection.

Minor changes are usually fine

Small updates — a slight font change, a colour refresh, a small layout tweak — don't usually take you outside the scope of your registration, as long as the overall identity stays substantially the same.

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

Example: You've updated the font weight of your logo text and adjusted the spacing between elements, but the overall impression is the same. Your existing registration should still cover the new version.

Significant changes can create gaps

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.

This creates two problems:

1. 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.
2. Your old registration could become vulnerable. If you stop using the original version, 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.

Word marks handle rebrands better

This is one of the key advantages of having a word mark registration. A word mark protects the name itself, regardless of visual presentation. If you've only changed how the name looks — new font, new colours, new layout — but the words haven't changed, a word mark registration is completely unaffected.

A logo mark (composite mark) is tied to a specific visual design, which is why rebrands create risk. For more on the difference between the two, see our guide on word marks vs logo marks.

If you're thinking about which type of mark to register in the first place, see our guide on whether to register your logo, your name, or both.

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:

• 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.

Frequently asked questions

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 protection, you'll need to submit a fresh application.

Does this apply to colour changes?

It depends. If your registration doesn't include a colour limitation (most don't), the mark is protected in all colours, so a colour change alone won't usually be an issue. But if colour was a key part of the registered design, a significant colour change combined with other modifications could take you outside the scope.

How much does it cost to file a new application for my updated logo?

The costs are the same as any new trade mark application. See our guide on how much it costs to register a trade mark for a full breakdown, or see our broader trade mark registration guide for an overview of the process.

Need help?

If you're planning a rebrand and want to understand how it affects your trade mark protection, contact us for advice or start a new application if you're ready to file. 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.