You can trademark a phrase in Australia, as long as it is distinctive enough to point to your business and isn’t just a description anyone in your industry would use. A registered trademark over your phrase gives you the exclusive right to use it for the goods or services you nominate, and the power to stop competitors using anything confusingly similar.
Here’s the part most people get wrong. They fall in love with a catchy line, spend the filing fee, then get knocked back because the words simply describe what they sell. That sting is avoidable. Once you know what “distinctive” actually means to IP Australia, you can pick a phrase that registers the first time instead of paying twice to learn the lesson.
- Yes, you can trademark a phrase, slogan or saying in Australia. It just has to be distinctive, not a plain description of your product or service.
- Descriptive phrases get refused under Section 41. “Best Coffee” or “Fast Plumbing Brisbane” won’t pass, because other traders need those words too.
- It costs from $250 per class. That’s IP Australia’s standard government fee using the picklist, with registration taking at least seven months.
- A phrase is usually a trademark job, not copyright or patent. Copyright rarely protects something as short as a slogan, and you can’t patent a phrase at all.
- Protection runs 10 years and renews forever. Search the register first, because IP Australia doesn’t refund a failed application.
Can you trademark a phrase in Australia?
Yes. Under the Trade Marks Act 1995 (Cth), a trademark is a “sign” used to tell your goods or services apart from everyone else’s. A sign can be a word, a phrase, a logo, a letter, a number, a shape, a colour, a sound, even a scent. A short string of words counts, which is why a slogan or tagline is fair game.
The catch sits in one word: distinctive. IP Australia, the government body that runs the register, will only grant you a monopoly over a phrase if it acts as a badge of who you are, not a label of what you sell. Get that part right and the rest of the process is mostly admin.
A registered trademark is also a different thing from your business name. Registering a business name with ASIC lets you trade under it. It does not give you ownership of the words or stop a competitor three suburbs over using something nearly identical. If the phrase matters to how customers find and remember you, the trademark is the protection that actually bites. Here’s the full picture on how to trademark a business name if that’s your starting point.
What makes a phrase distinctive enough to trademark?
Distinctiveness comes down to one thing: the phrase does no obvious work describing your product. The further the words sit from a plain description, the easier the road to registration. Made-up words, odd pairings and lines that mean nothing on their own are the strongest of all.
Compare two coffee brands. A line like “Best Coffee in Town” describes the product and praises it, so every café would want to say the same thing. IP Australia won’t hand one business a monopoly over that. A coined line with no descriptive meaning, on the other hand, points straight back to one brand and registers cleanly. That gap between describing and distinguishing is the whole game.
Here’s a useful test before you file: would a competitor selling the same thing reasonably want to use your phrase in their own marketing? If the honest answer is yes, the words are probably too descriptive to protect. If the phrase would look odd in a rival’s ad, you’re likely onto something registrable.
The distinctiveness spectrum
- Invented or coined (a made-up word or nonsense pairing): strongest, registers most easily.
- Arbitrary (a real word with nothing to do with the product): very strong. Think of a fruit name used for electronics.
- Suggestive (hints at a benefit without describing it): usually fine, sometimes argued.
- Descriptive (states a quality, purpose or place): hard, often refused without years of proof.
- Generic (the ordinary name for the thing): not registrable.
Which phrases can’t be trademarked?
Some phrases are off the table no matter how attached you are to them. IP Australia won’t register everyday words or phrases that directly describe a good or service, because those need to stay free for every business. On top of that, a phrase is refused if it is:
- Generic or purely descriptive (“100% Australian Made”, “the best apples”).
- Too similar to a phrase already registered for the same kind of goods or services.
- Likely to deceive or confuse customers about what they’re buying.
- Scandalous, or contrary to law.
- A restricted sign or word used without permission, such as official emblems, “ANZAC”, the Olympic rings, or the Red Cross.
The most common reason in practice is the first one. People reach for a phrase that spells out what they do, because it feels clear and marketable. That same clarity is what sinks it at examination.
Phrase, slogan, saying or tagline: does the label matter?
Not really. A slogan is just a phrase with a marketing job. A tagline, a saying, a motto, a catchphrase: IP Australia treats them all the same way it treats any multi-word mark. The question is never what you call it. It’s whether the words distinguish your business.
So when you search “can you trademark a saying” or “how to trade mark a slogan”, the answer is identical to the one for a phrase. Apply the distinctiveness test, check the register, pick the right class. A famous example shows it works: Woolworths held “the fresh food people” as a registered slogan for years. Short, memorable, and tied to one brand.
Trademark, copyright or patent: which one protects a phrase?
This trips up more people than any other part of the topic, so let’s settle it. A phrase used to brand a business is a trademark matter. Copyright rarely helps, and you cannot patent a phrase. Patents are for inventions and processes, not words.
Copyright is the one worth pausing on, because “can I copyright a phrase” is a question we hear constantly. Copyright protects original creative works such as books, songs, films and software. It applies automatically, with no registration. The problem is that a slogan is usually too short and too simple to attract copyright at all. Australian courts have found that even newspaper headlines generally aren’t original enough. So for a brand line, a trademark is almost always the right tool. Our full guide to the difference between a trademark and copyright goes deeper if you need it.
| Trademark | Copyright | Patent | |
|---|---|---|---|
| Protects | Brand signs (phrases, names, logos) used in trade | Original creative works (books, songs, art, code) | Inventions, devices, processes |
| Covers a short phrase? | Yes, if distinctive | Rarely (usually too short or unoriginal) | No |
| Register to enforce? | Yes | No, it’s automatic | Yes |
| How long it lasts | 10 years, renewable forever | Generally life of the author plus 70 years | Up to 20 years |
| Where in Australia | IP Australia | Automatic under the Copyright Act | IP Australia |
How to trademark a phrase: step by step
Once you’ve picked a distinctive phrase, the process is straightforward. Here’s the path from idea to registered mark.
- Search the register first. Use the free Australian Trade Mark Search to check whether your phrase, or anything deceptively similar, is already taken in your category. IP Australia’s free TM Checker uses AI to flag likely problems before you spend a cent. Skipping this step is how people lose their filing fee.
- Decide: word mark or logo. A word mark protects the phrase itself in any font. A logo (figurative) mark protects the phrase styled a particular way. Most people start with the word mark for the broadest cover.
- Pick your classes. Trademarks are registered against classes of goods and services. There are 45 in total. Choose the ones that match what you actually sell now and plan to sell soon. Too few leaves gaps; too many wastes money.
- File your application. Lodge it with IP Australia with the owner’s legal name, the phrase, and your chosen classes. You can file a standard application or use TM Headstart for a pre-assessment first.
- Examination. An examiner reviews it, usually within a few months. If they raise an issue (an “adverse report”), you get time to respond with arguments or evidence.
- Acceptance and opposition. Once accepted, your mark is advertised for two months. Anyone who thinks it clashes with theirs can oppose it during that window.
- Registration. No opposition (or you win it), and your phrase is registered. You can now use the ® symbol and enforce your rights, backdated to the filing date.
One symbol tip worth knowing. Use ™ while your application is pending and ® only once the mark is registered. Using ® before registration is a no-no.
What does it cost to trademark a phrase?
Government fees are charged per class, and they start at $250. That figure surprises people who’ve read older guides quoting cheaper numbers, so here’s the current 2026 picture straight from IP Australia. The “trademark slogan cost” is the same as for any other phrase: it comes down to your application type and how many classes you need.
| Application type | Government fee | What you get |
|---|---|---|
| Standard application (picklist) | $250 per class | Lowest cost; you choose from IP Australia’s pre-approved descriptions |
| Standard application (own wording) | $400 per class | For when your goods or services don’t fit the picklist |
| TM Headstart (pre-assessment) | From $330 per class | Early examiner feedback before you commit to a full filing |
| Renewal (every 10 years) | About $400 per class | Keeps your protection going, with no limit on renewals |
A quick example. A café trademarking its slogan for both coffee products (one class) and café services (another class) pays at least $500 in government fees, because that’s two classes at $250 each. If you engage a lawyer to run the application, that’s a separate professional fee on top, and it usually pays for itself by heading off the objections that derail DIY filings.
What we see in Lawpath consultations
Trademark questions are one of the most common reasons small business owners book a consultation with us. A few patterns come up again and again across those calls, and they’re the things competitors’ articles tend to skip.
The descriptive phrase is the number one knock-back. By a wide margin, the most frequent adverse report our lawyers review is a Section 41 objection: the phrase describes the service rather than distinguishing the business. A line like “affordable home loans” or “quality childcare” feels like a clear brand to its owner, but an examiner sees words other traders need to use. If your phrase explains what you do, expect a fight.
Small tweaks don’t rescue a descriptive phrase. Founders often assume that adding a word like “boutique”, changing the spelling, or bolting on “Australia” will fix the problem. It rarely does. The examiner looks at the phrase as a whole, and a descriptive core stays descriptive. Swapping out only the logo doesn’t help either, because the objection is about the words.
A styled logo is the usual workaround, with a trade-off. Where a phrase is borderline, our lawyers frequently suggest filing it as a logo (figurative) mark with distinctive design elements. It registers more easily. The catch worth understanding: a logo mark protects the combination as a whole, not the bare words, so it gives you narrower protection over the phrase on its own.
You can win on a descriptive phrase, but it takes proof and patience. If you’ve used the phrase for years and customers genuinely link it to you, you can argue “acquired distinctiveness”. In practice, advisers tell clients that roughly three to five years of consistent, documented use in the relevant class is the minimum to make that argument stick. Sales figures, ads and declarations all help build the file.
Two filing traps we flag often. First, lodge one phrase per application; cramming several into one filing triggers an adverse report. Second, own the trademark through your company, not in your personal name. People who file personally usually end up paying again later to assign the mark to the business when they restructure or sell.
Can you get sued for using a phrase?
Yes, if the phrase is registered to someone else for similar goods or services and you use it as a brand. The owner can seek an injunction to make you stop, and damages for any loss they can show. Rebranding after you’ve printed signage, packaging and a website is an expensive way to find out.
The fix is cheap by comparison: run a search before you commit. A scan of the Australian Trade Mark Search tells you what’s already on the register. If your phrase is close to an existing mark, you’ll know before you’ve sunk money into it. For a deeper look at what counts as a breach, read our guide to trademark infringement.
Worth remembering too: an Australian trademark only protects you in Australia. Selling overseas means protecting the phrase there as well, which you can do through the Madrid Protocol via IP Australia.
How Lawpath helps you trademark a phrase
Trademarking a phrase yourself is possible. It’s also where most of the avoidable mistakes happen, usually at the search and class-selection stage, long before anyone realises. Lawpath closes that gap. You apply online in minutes, and a trademark lawyer reviews your application before it’s filed, so the descriptive-phrase problems and class slip-ups get caught early instead of in an adverse report months later.
Lawpath also becomes your address for service, which means IP Australia correspondence comes to us, not to you. One less thing to track while you get on with running the business. It’s the whole point: sort the legal bit quickly and simply, in one place, and move on.
Frequently asked questions
Can you trademark a phrase in Australia?
Yes. You can trademark a phrase if it’s distinctive enough to identify your business rather than just describe your product. Descriptive or generic phrases get refused. File it with IP Australia in the classes that match your goods and services.
How much does it cost to trademark a phrase?
Government fees start at $250 per class for a standard application using the picklist, or from $330 per class through TM Headstart. Multiple classes multiply the fee. A lawyer’s professional fee, if you use one, sits on top.
Can I trademark a phrase for free?
No. Registration always carries an IP Australia fee. Searching is free, though: the Australian Trade Mark Search and the TM Checker both cost nothing and tell you whether your phrase is likely to clear before you pay to file.
Can I copyright a phrase instead?
Almost never. Copyright protects original creative works, and a short phrase or slogan is usually too brief to qualify. For a brand line, a trademark is the right protection. Copyright and trademark do different jobs.
Can you patent a phrase?
No. Patents cover inventions, devices and processes, not words. If you want to protect a phrase, saying or slogan, a trademark is the tool, not a patent.
How long does it take to trademark a phrase?
At least seven months from filing to registration if there are no objections. That includes a two-month window where others can oppose your mark. Adverse reports or oppositions can stretch it out further.
Can I trademark a common phrase or saying?
It’s hard. Common, descriptive or everyday phrases are usually refused because other traders need them. You can sometimes succeed by proving years of use that link the phrase to your brand, or by registering it as part of a distinctive logo.
What’s the difference between trademarking a phrase and registering a business name?
A business name registration with ASIC lets you trade under a name. It gives you no ownership of the words. A trademark gives you exclusive rights to the phrase and the power to stop others using it. They’re separate registrations.
Can I trademark a phrase for a t-shirt or merch?
You can, if you use the phrase as a brand for your clothing rather than as decoration. A slogan printed purely as a design isn’t acting as a trademark. Register in the clothing class and use it as a badge of origin.
How long does trademark protection last?
Ten years from the filing date. You can renew every 10 years with no limit, so a registered phrase can stay protected indefinitely as long as you keep renewing and using it.
If your phrase is sitting in a draft logo or a launch plan right now, you’re not behind. This is exactly the stage to lock it down, before a competitor does and before you’ve spent on signage you might have to redo. A quick search and a well-prepared application is all it takes to turn a good line into a protected asset.
Ready to protect yours? Start your trademark application with Lawpath and have a trademark lawyer check it before it’s filed.
