How Can I Protect My Business Logo

Oct 5, 2016
Reading Time: 3 minutes
Written by Carmen Zhu

Do you have a business logo? Or are you thinking of creating one?

Learn how to protect it.

Although a fashion label may have an original label, an unprotected logo can be copied or stolen.

Are you a small business owner seeking to design a logo? Maybe you have already created a logo. Either way, it is important for you to examine the legal measures you should take to protect your business logo.

With LawPath you can get connected with a highly experienced trademark attorney to help protect your business logo.


Benefits of A Business Logo

There are numerous benefits to having a logo for your business beyond simply capturing the eye of consumers. A logo has the ability to enhance your brand image, making it not only more memorable but also improve the reputability of your business. In a crowded market, a recognisable business logo will set you apart from your competition.

Your unique business logo can also be distributed across different promotional materials to spread awareness of your business.


Why You Should Protect Your Business Logo

Given the importance of logos to business success, it is important to prevent others from copying your original idea.

The paths to protection (outlined below) are also simple to navigate and achieve.


How Can I Protect My Business Logo


1. Trademarks

For proprietary protection of your business logo, it is best to register for a trademark. A trademark is defined in the Trade Marks Act 1995 (Cth) as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.”

For more information on the functions of a trademark and how to register for one, read our legal guide. LawPath also offers a simple to use online trademark application process.

Before registering for a trademark however, you should also undertake a trademark check to ensure that you are not seeking to trademark someone else’s established trademark. Intellectual Property (IP) Australia has a trademark search system implemented called ATMOSS which can be easily accessed online. ATMOSS enables you to search through specific categories of trademarks and limit your search results, as trademarks can be applied for slogans, shape of a product, or even a sound.

2. Consult An IP Attorney

If you remain uncertain about whether to register for a trademark, you will benefit from consulting with an experienced intellectual property attorney.

Engaging an IP attorney will help you find the gaps or areas in your business’s branding.

3. What About Design Registration?

Similar to a trademark, design registration offers the exclusive right to commercially use, license or sell your design. However, design rights are more appropriate to protect your individual products, and trademarks offer greater protection for business logos. To find out more about design protections, check out our legal guide ‘how can I protect the design of my product’. Included in this guide are comprehensive details on the requirements of how your design must be distinguished from existing and already registered designs from others.

Again, you can access to designs which have already been registered through IP Australia’s Australian Designs Database (ADDS). However, this process may be time consuming and you should contact an IP attorney to assist you.


An original and well designed logo can assist with building your brand and extend your business message to potential consumers and suppliers. As you can see, the steps to protection available are relatively simple and easy, and can be vital to assisting with business longevity.


Need help with protecting your business logo?

Lawpath has access to highly qualified IP attorneys that can help. Contact a Lawpath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or any other legal needs.

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