Registering a trademark in Australia is not legally required to obtain rights, since prior use of a mark can still provide some level of protection. However, trademark registration in Australia is strongly recommended if you want full, enforceable ownership over your brand name, business name, product name, logo, or other brand elements.
A registered trademark grants exclusive rights nationwide, helping you stop competitors from using similar branding and giving you stronger legal standing in case of infringement. It also reinforces your commercial identity, builds customer trust, and protects your presence on online marketplaces and platforms. Registration in Australia automatically extends protection to Christmas Island, Cocos (Keeling) Islands, Nauru, and Norfolk Island.
Trademarks are administered by IP Australia under the Trade Marks Act of 1995. You can file directly with IP Australia or apply through the Madrid System, since Australia is a member of the Madrid Protocol.
In Australia, you can trademark a business name, trademark a product name, protect a logo, a catch phrase, specific colors, shapes, or even a scent, as long as they serve to identify your brand.
For most businesses, especially those expanding or selling online, registering a trademark in Australia is one of the most effective ways to secure and grow your brand long-term.