How to trade mark a word in Australia

A word trade mark protects the text itself, such as your brand name, product name, or tagline, regardless of font, colour, or visual style.

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What is a word trade mark?

A word trade mark protects the words, letters, numbers, or phrase itself, independent of any particular design, font, colour, or stylisation. This makes it the most flexible form of protection for most brand names.

Unlike a logo trade mark, which protects a specific visual design, a word mark protects the underlying text. If someone uses the same or a deceptively similar name for overlapping goods or services, you can enforce your rights regardless of how their version looks. Read more in our guide to word marks vs logo marks.

Word marks are commonly filed in all caps. This is not a strict requirement, but it is common practice because an all-caps filing generally protects the word across different capitalisation styles. A mixed-case filing can make the capitalisation part of the overall trade mark impression, which may be useful for a brand like "eBay", but is usually not what most businesses need.

Examples

A business or brand name, like "Markster", registered as plain text without any design element
A product or service name used to distinguish a specific offering within your business
A distinctive tagline or phrase that identifies your brand, not just a promotional message

When to use a word trade mark

Protecting your brand name

A word mark is the foundation of most brand protection strategies. It protects your name on a website, packaging, invoices, signage, social media, and future brand refreshes.

Future-proofing against rebrands

Logos change more often than names. A word mark is not tied to a particular visual identity, so it usually remains useful even if your logo, colours, or typography change.

Stopping similar names

Because a word mark focuses on the text, it gives stronger rights against competitors using confusingly similar names, even where their branding looks different.

How to register a word trade mark

Choose the filing format

For most word marks, filing in all caps is the best option because it keeps the focus on the word itself rather than a capitalisation style. If the capitalisation is a deliberate part of the brand impression, such as a mixed-case coined name, file the text in that exact style.

Choose your classes

Select the goods and services the word will be used for. This is one of the most important parts of the application because you cannot add new classes later.

File your application

We file the application with IP Australia and manage routine examination. If the mark is descriptive or close to an existing registration, we explain the risk before filing.

Examination and registration

IP Australia examines the mark for distinctiveness and conflicts. If it is accepted and no opposition is filed, the mark proceeds to registration.

Common pitfalls

Choosing a descriptive word

Words that directly describe your goods or services are difficult or impossible to register. The more distinctive and unexpected your word mark is, the stronger it usually is.

Not searching before filing

A similar existing registration can lead to an objection or opposition. A search before filing helps avoid wasted fees, delay, and rebrand risk.

Filing mixed case without meaning to

If you file a word mark in a particular capitalisation style, that style can form part of the overall impression of the mark. Unless the capitalisation is important to the brand, filing in all caps is usually cleaner.

Only registering the logo

If you only register a combined logo mark, you may not have useful protection against someone using a similar name with a different design. A word mark fills that gap. Read our guide on whether to register your logo, name, or both.

Filing too narrowly

Your registration only covers the goods and services you claim. If the class selection does not match your business model, the registration may not protect the areas that matter.

Cost and timeline

Filing a word trade mark costs the same as any standard trade mark application. Our online filing tool starts from $799 for one class, including government fees and GST, with additional classes at $689 each. For complex situations, our lawyer-led service provides a fixed-fee quote. The process typically takes 7 to 8 months from filing to registration if no objections or oppositions arise.

See pricing and what's included

Frequently asked questions

What is the difference between a word mark and a logo mark?

A word mark protects the text itself in any visual form. A logo mark protects a specific design or graphic. Most businesses start with a word mark because it is more flexible and survives visual rebrands. Read our guide on word marks vs logo marks for a full comparison.

Can I trade mark a single word?

Yes, provided the word is distinctive enough and is not a common or descriptive term for the goods or services you are registering it for. Invented words are usually easier to register than ordinary descriptive words.

How much does it cost to trade mark a word?

Through our online filing service, filing a word trade mark starts from $799 for one class, including government fees and GST. Each additional class is $689. For complex applications, our lawyer-led trade mark application service provides a fixed-fee quote before work starts.

Can I trade mark a phrase or tagline?

Yes, phrases and taglines can be registered as word marks if they function as trade marks. That means they identify your goods or services, rather than simply advertising them. See our slogan trade mark guide for more detail.

Should I file a word trade mark in all caps?

Usually, yes. Filing in all caps is common practice because it generally protects the word across different capitalisation styles. A mixed-case filing is best reserved for cases where the capitalisation itself is part of the brand impression, such as a deliberately styled name.

Should I register my brand name and logo separately?

If budget allows, yes. The word mark protects the name regardless of visual presentation, while the logo mark protects the design. Together, they give broader protection. If you need to choose one, the word mark is usually the priority.

How long does word trade mark registration take?

In Australia, registration typically takes 7 to 8 months from filing if no objections or oppositions arise.