Trademarks
Protect your business name, logo, brand and goodwill with practical trademark advice.
Kalde Legal assists business owners with trademark searches, trademark strategy, brand protection, application guidance and trademark issues that arise when buying or selling a business.
Need to protect your brand?
A business name registration is not the same as trademark protection. Get advice before another business starts using a similar name or brand.
Starting a business?
Before investing in a name, logo, website, signage and marketing, check whether your brand can be protected.
Already trading?
If your brand has value, trademark protection can help prevent competitors from imitating your name, logo or branding.
Buying a business?
Make sure the business name, logo, trademarks, domain names and brand assets are properly identified and transferred.
Trademark advice for business owners
Your brand may be one of your most valuable business assets. It can include your business name, product name, logo, slogan, packaging, visual identity and the goodwill your business builds over time.
Not every business realises how important intellectual property is until someone else starts using a similar name, copying their branding or creating confusion in the market.
Kalde Legal assists business owners with practical trademark advice so they can identify what should be protected, check potential risks and take steps to protect valuable brand assets.
We can assist with
Trademark legal services
Choose the area that best matches your brand protection issue, or contact Kalde Legal if you are not sure where to start.
Trademark Searches
Check whether a proposed name, logo or brand may conflict with existing trademarks before you invest in branding.
Trademark Applications
Guidance on identifying the mark, selecting the right classes and preparing the application for your business brand.
Business Name Protection
Advice about the difference between registering a business name and protecting the brand through trademark registration.
Logo & Brand Protection
Protect visual branding, logos and distinctive brand assets that customers associate with your business.
Buying a Business
Check whether the business name, trademark, domain name, website, social accounts and brand assets are properly transferred.
Trademark Risk Advice
Practical advice if another business is using a similar name, or if you receive concerns about your own branding.
A business name alone may not protect your brand
Registering a business name does not automatically give you trademark protection. If your name, logo or branding matters to your business, get advice before a competitor adopts something similar.
What can be protected as a trademark?
A trademark can help distinguish your business, goods or services from those of other traders. For many businesses, the most important marks are the business name, brand name or logo used in the market.
However, trademark protection is not limited to a name. Depending on the circumstances, a business may need to consider product names, slogans, logos, packaging, visual identity and other brand elements.
We help clients identify what should be protected and whether a proposed mark is suitable before time and money are invested in marketing and launch.
Brand assets may include
Business name registration is not the same as a trademark
Many business owners assume that registering a business name gives them exclusive rights to that name. This can be a costly misunderstanding.
A business name registration allows you to trade under that name, but it does not necessarily prevent another business from using a similar brand or applying for a trademark.
Trademark advice helps you understand whether your name or logo can be protected, whether someone else already has rights, and what steps may be needed to reduce brand risk.
Common risks
The trademark application process
Trademark registration involves more than simply lodging a name. Getting the details right at the start can make a significant difference.
Identify
Identify what should be protected, such as the business name, logo, product name or brand asset.
Search
Check for existing trademarks or similar brands that may create application or infringement risk.
Classify
Select the appropriate goods and services classes so the application reflects how the brand is used.
Apply
Prepare and lodge the application, then deal with examination issues or next steps if they arise.
Trademark classes and why they matter
Trademark applications are filed in one or more classes of goods and services. Choosing the right classes is important because your protection is linked to the goods and services covered by the application.
If the classes are too narrow, the registration may not protect the parts of the business that matter most. If they are too broad or inaccurate, the application may be more difficult, more expensive or vulnerable to challenge later.
We assist clients to think through how the business currently uses the brand and how it may need to use the brand in the future.
Class selection should consider
Trademarks when buying or selling a business
Trademark issues are often overlooked in business sale transactions. A buyer may assume they are receiving the brand, while the contract may not properly deal with registered trademarks, business names, domain names, websites, social media accounts or other brand assets.
If you are buying a business, you should confirm whether the business name, logo and goodwill are properly protected and transferred. If you are selling a business, you should know exactly what brand assets are included in the sale.
Kalde Legal can assist with trademark and intellectual property issues as part of a business sale or purchase transaction.
Check before settlement
Once registered, a trademark can become a long-term business asset
A registered trademark can be renewed, licensed, sold or transferred. It can also add value to a business sale because the brand is identified as a protected asset rather than just an unregistered trading name.
Related legal services
These pages may also help if your trademark issue is connected to buying a business, commercial contracts or broader legal risk.
Trademarking After Buying a Business
Practical guidance about protecting a business name and brand after purchasing a business.
Sale & Purchase of Business
Legal advice for buying or selling a business, including intellectual property, goodwill and brand transfer issues.
Commercial Leasing Lawyers
Commercial leasing advice for business owners, including leases connected to business purchases and brand locations.
Frequently asked questions
Is registering a business name the same as registering a trademark?
No. Registering a business name allows you to trade under that name, but it does not automatically give you trademark protection or exclusive brand rights.
What can I trademark?
You may be able to protect a business name, product name, logo, slogan or other distinctive brand asset, depending on whether it meets the requirements for registration.
Why should I do a trademark search first?
A trademark search can help identify whether similar marks already exist and whether your proposed brand may face registration or infringement issues.
How long does a registered trademark last?
In Australia, a registered trademark can last for 10 years and may be renewed for further periods if renewal requirements are met.
When can I use the ® symbol?
The ® symbol should only be used once the trademark is registered. Before registration, businesses commonly use TM to indicate a claimed mark.
Should I register my logo, my business name or both?
It depends on how your brand is used and what you want to protect. Some businesses need protection for the word mark, the logo, or both.
Do I need trademark advice when buying a business?
Yes. If the brand is part of the business value, the contract should clearly deal with trademarks, business names, domain names, websites, social media accounts and related intellectual property.
Speak with a trademark lawyer
Contact Kalde Legal for practical advice about protecting your business name, logo, brand and intellectual property.
Trademarking a Business Name After Buying a Business
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