How to trade mark a logo in Australia

A logo trade mark protects the visual design that represents your brand. Once registered, no one else can use a deceptively similar logo for the same goods or services.

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What is a logo trade mark?

A logo trade mark (also called a device mark or figurative mark) protects a visual design element that identifies your business. This can be a standalone graphic, an icon, a stylised version of your brand name, or a combination of text and imagery.

Unlike a word mark, which protects the words themselves regardless of how they are displayed, a logo trade mark protects the specific visual representation. This means the protection is tied to how the logo looks.

Examples

A standalone graphic icon (e.g. a stylised animal or abstract shape)
A logo that combines a wordmark with a graphic element
A stylised version of your company name with distinctive typography

When to use a logo trade mark

Your logo is a key brand asset

If customers recognise your business by its logo as much as its name, register the logo as a separate trade mark for maximum protection.

You already have a word mark

A word mark protects the name. A logo mark protects the design. For comprehensive protection, consider registering both. [CHRIS TO CONFIRM]

You are rebranding

If you are updating your logo, you will likely need a new trade mark application for the new design. The old registration continues to protect the old logo.

How to register a logo trade mark

Prepare your logo file

You will need a high-quality image of your logo. IP Australia accepts JPEG and PNG formats. The image should clearly show the logo as you intend to use it.

Choose your classes

Select the Nice Classification classes that cover the goods and services you use (or intend to use) the logo for. Our AI-assisted tool helps identify the right classes.

File your application

Submit your application through our online filing tool. We file directly with IP Australia and manage the examination process on your behalf.

Examination and registration

IP Australia examines your application (typically 7 to 8 months). If no objections or oppositions arise, your logo trade mark is registered.

Start your application

Common pitfalls

Filing a logo that is too complex

Highly detailed logos can be difficult to enforce because small differences may be enough for a competitor to argue their mark is not deceptively similar. Simpler, more distinctive logos generally receive stronger protection.

Not searching before filing

A conflicting logo already on the register can lead to an objection or opposition. Always search the trade mark register before filing. [CHRIS TO CONFIRM]

Changing the logo after registration

Your trade mark protects the logo as filed. If you significantly alter your logo, the original registration may not cover the new design, and you may need to file a new application.

Only registering the combined mark

If you file your brand name and logo as a single combined mark, you only have protection for that specific combination. Registering the word and logo separately gives you broader, more flexible protection. [CHRIS TO CONFIRM]

Cost and timeline

[CHRIS TO CONFIRM] Our fixed-fee pricing covers filing and routine examination management. See our applications page for current pricing.

See pricing

Frequently asked questions

Should I trade mark my logo separately from my business name?

Ideally, yes. A word mark protects the name regardless of how it is displayed. A logo mark protects the visual design. Together, they provide the broadest protection. However, if budget is a consideration, we can advise on which to prioritise based on your circumstances. [CHRIS TO CONFIRM]

Can I trade mark a logo in colour?

Yes. You can file in colour or in black and white. A black and white filing is generally considered to cover the logo in any colour combination, giving you broader protection. A colour filing protects only that specific colour scheme. [CHRIS TO CONFIRM]

How much does it cost to trade mark a logo?

The cost is the same as any trade mark application. Our fixed fee covers one class, with additional classes at a reduced rate. See our applications page for current pricing. [CHRIS TO CONFIRM]

What file format do I need for my logo?

IP Australia accepts JPEG and PNG formats. The image should be clear, high-resolution, and show the logo exactly as you intend to use it.

How long does logo trade mark registration take?

In Australia, the process typically takes 7 to 8 months from filing to registration, assuming no objections or oppositions.