01AWARENESS

Understand the foundation

Learn what a trademark is, the forms it may take, why registration matters, and what registration protects.

What Is a Trademark?

A trademark identifies the source of your goods or services and distinguishes them from those of others. It helps customers recognise your business and the reputation behind it. A trademark may be a word, logo, slogan, letter or number, device or symbol, shape, colour, sound, or a combination of these elements.

Types of Trademark

A trademark may take different forms depending on the sign used to distinguish one business from another.

Conventional Trademark

May consist of words, logos, devices or a combination of these elements.

Non-Conventional Trademark

May protect signs such as shapes, colours, sounds or motion marks where permitted.

Collective Trademark

Identifies goods or services supplied by members of an association or organisation.

Certification Trademark

Indicates that goods or services comply with standards established by the certification mark owner.

Why Register a Trademark?

Registration gives the owner a clearer statutory foundation for protecting the trademark.

If You Register

The Register and registration certificate serve as official evidence of your rights and provide a more direct basis for enforcement against unauthorised use.

If You Do Not Register

Protection generally depends on proving use and goodwill, together with misrepresentation and resulting damage. This usually requires more extensive factual evidence.

What Does Registration Protect?

A trademark acts as a badge of origin. Customers see the sign, recognise it and connect the goods or services with your business. Over time, that recognition can carry the goodwill and reputation of the brand and support licensing, franchising and business growth.

A trademark does not protect the underlying business idea, product invention, copyright work, patent or registered industrial design. Different forms of intellectual property protect different subject matter.

SPEAK WITH A CONSULTANT

Want to understand what your trademark may protect?

We can help clarify the nature of your trademark, what registration may cover and the considerations before proceeding further.

Discuss Your Trademark