Should I register my logo, my name, or both?

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If you can afford to register both, do. A word mark protects the name in any visual form, and a logo mark protects the specific design. Together, they give you the most comprehensive coverage.
But if you need to prioritise — and most businesses do — the right call depends on how distinctive your name is, what competitors are most likely to copy, and how your customers find you.
For an explanation of what each type of mark actually protects, see our guide on word marks vs logo marks.
Start here: how distinctive is your name?
This is the single biggest factor in the decision.
Your name is distinctive — prioritise a word mark
If your business name is an invented word, an unusual combination of words, or otherwise inherently distinctive, a word mark is usually the best starting point.
A word mark gives you the broadest protection. It covers the name regardless of how it's displayed — any font, colour, or style. If a competitor uses the same or a confusingly similar name, you're in a strong position to take action, even if their branding looks nothing like yours.
Examples of distinctive names: Invented words like Spotify or Zillow; existing words used in an unexpected context like Apple for technology or Amazon for retail.
If your name is strong enough to stand on its own, start with the word mark.
Your name is descriptive or common — consider a logo mark
If your business name describes what you do or uses common words in your industry, a word mark application may face objections during examination. The examiner may find the name is not distinctive enough to function as a trade mark on its own.
In this situation, a logo mark (composite mark) may be the more realistic option. The design element adds distinctiveness, which can help the application succeed.
However, it's worth pausing here. If your name is too descriptive to register as a word mark, it may also be difficult to enforce — even with a logo registration. A descriptive name gives you a narrower scope of protection no matter what.
If you're in this position, it might be worth considering whether a more distinctive name could serve your brand better in the long term.
Consider your industry
The type of business you run can also influence the decision.
Online and digital businesses
If your business primarily operates online — e-commerce, apps, SaaS, social media — copycats are more likely to mimic your visual identity than your exact name. They use similar colours, layouts, and design cues to create confusion.
In this environment, a logo mark has particular value because it protects the visual elements customers recognise on screen.
Physical and word-of-mouth businesses
For retail, hospitality, and service businesses, customers tend to remember and refer to your business by name. Word-of-mouth referrals are based on the name, not the logo.
In this context, a word mark is often more important because the name is the primary identifier.
Most businesses are both
Of course, most businesses operate in both the physical and digital worlds. That's another reason why filing both marks — where budget allows — gives you the strongest position.
The cost of filing both
Each trade mark application is a separate filing with its own government fees and professional costs. Filing both a word mark and a logo mark roughly doubles the cost compared to a single application.
For a full breakdown of what trade mark registration costs in Australia, see our guide on how much it costs to register a trade mark.
If budget is tight, you can stagger filings — register the higher-priority mark now and add the second mark later when funds allow. The key trade-off is that the second mark will have a later filing date, which matters if a competitor files something similar in the gap.
Quick decision framework
| Situation | Recommended first filing |
|---|---|
| Distinctive, invented name | Word mark |
| Descriptive or common name | Logo mark (composite) |
| Strong visual brand, online focus | Logo mark |
| Word-of-mouth referrals are key | Word mark |
| Budget allows both | Both — file together |
| Budget is tight | Higher-priority mark first, second mark later |
Frequently asked questions
If I can only afford one filing, which should I choose?
If your name is distinctive enough to register as a word mark, start there — it gives the broadest protection. If the name is too descriptive or common to register on its own, a logo mark is the more practical option.
Can I file a word mark and a logo mark at the same time?
Yes. They are separate applications and each goes through the examination process independently. There's no requirement to file one before the other.
Does registering my business name with ASIC protect it as a trade mark?
No. Registering a business name, company name, or domain name does not give you trade mark rights. Trade mark registration is a separate process through IP Australia and provides a different — and generally stronger — form of protection. For more, see our trade mark registration guide.
I'm rebranding my logo. Do I need a new trade mark?
It depends on how much has changed. Minor tweaks are usually fine, but a significant redesign may fall outside your existing registration. See our guide on what happens when you change your logo.
Need help?
If you're not sure which type of filing is right for your business, we can help you work through the options. Start your application with Markster, see our trade mark applications page for a full overview, or get in touch for advice on your trade mark strategy.
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.
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Chris Maher
Director & Co-Founder
Chris is a senior trade mark practitioner with over a decade of experience managing large, complex global portfolios for major Australian and international brands.
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