Top Trade Mark Mistakes Australian SMEs Make (and How to Avoid Them)
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Trade marks are one of the most valuable assets a business can own—but only if they’re done right. Unfortunately, many Australian startups, entrepreneurs and small and medium-sized enterprises (SMEs) fall into common traps when it comes to protecting their brand. These mistakes can cost time, money, and even your reputation.
Here are the top trade mark mistakes we see—and how you can avoid them.
Mistake 1: Assuming a Business Name or Domain Is Enough
The myth: “I’ve registered my business name and domain, so I’m protected.”
The reality: Business name and domain registrations don’t give you exclusive rights to use that name. Only a registered trade mark does.
The fix: Register your trade mark with IP Australia to secure legal rights to your brand.
Mistake 2: Not Doing a Proper Trade Mark Search
The myth: “No one else is using my name, I checked Google.”
The reality: Just because a name doesn’t show up on a website search engine doesn’t mean it’s not registered. Trade mark conflicts can arise even if the other brand isn’t actively using the name online.
The fix: Use the Australian Trade Mark Search Tool or consult an intellectual property lawyer or trade marks attorney (psst, at Ethikate we’re both!) for a clearance search.
Mistake 3: Choosing a Generic or Descriptive Name
The myth: “If I describe what I do in my name, people will find me.”
The reality: Generic names like “Brisbane Wellness Services” are hard to protect and often rejected by IP Australia.
The fix: Choose a distinctive name that sets your brand apart—think invented words, unique phrases, or stylised logos.
Mistake 4: Filing in the Wrong Class
The myth: “I just need to register my name once and I’m covered.”
The reality: Trade marks are registered by class covering only the goods/services claimed within that class. If you file in the wrong one or overlook key goods/services within that class, your protection may not apply to your actual goods or services or may prevent you from growing into other areas.
The fix: Identify the correct class(es) and make sure you are covered for all relevant goods/services descriptions to future-proof your brand. An intellectual property lawyer or trade marks attorney can help you get this right so you only pay for it once.
Mistake 5: Not Monitoring or Enforcing Your Trade Mark
The myth: “Once I register, I’m safe forever.”
The reality: Trade mark rights can be weakened if you don’t monitor for infringement or take action when others misuse your brand.
The fix: Set up monitoring alerts or work with an intellectual property lawyer or trade marks attorney to keep your brand protected and maintain its value.
Mistake 6: Waiting Too Long to Register
The myth: “I’ll register once the business grows.”
The reality: If someone else registers your brand first, you could lose the right to use it and may even become liable for trade mark infringement.
The fix: Register early. Trade mark protection is an investment in your brand’s future and is also a risk mitigation tool.
Protect Your Brand the Smart Way
At Ethikate, we’re experienced and skilled IP lawyers and Trade Marks Attorneys. We help Australian startups, entrepreneurs and SMEs avoid these costly mistakes and build strong, defensible brands. Whether you're just starting out or scaling globally, we’ll guide you through the trade mark process with clarity and confidence.
Book a consult with us today.