Outsource2Us explains the important factors to consider when designing and protecting a trademarkable logo.


Why trademarking your logo is so important?

Your logo is a large part of your brand and corporate identity. It distinguishes your business from its competitors. If you are unsure whether you need to trademark your logo ask yourself, do you have big plans for your business? Is protecting your logo from being copied by competitors a priority, would it cause issues with a competitor copied your approach? Depending on your answers to these questions, trademarking your logo could be a necessity for your business’s success.

What is a trademarked Logo?

A trademarked logo is a logo receives protection through the Australian trademark laws and can only be legally used by the company it is registered under. The logo mark can be trademarked and sometimes the name but it is becoming increasingly difficult to trademark a name as it must be unique.

How to begin the design process of creating a trademarked logo?

Prior to trademarking a logo, you need to have an idea and visual representation of what your company’s logo is going to be.

  1. Identify what trademarks are already listed within your industry and by competitors.
  2. Identify the brand identity, colours and key phrases your competitors are using.
  3. Consider what elements you can use to ensure your identity is unique.
  4. Have a clear target market, ensuring your logo identifies with them but importantly encapsulates your brand identity.

Four key steps to creating a trademarked logo:

  1. Create a logo concept: The design of your logo can be shapes, symbols, images, words, or a combination of these. Most importantly, your logo should be unique from your competitors.
  2. Check for existing trademarks: Prior to approving a design check for pre-existing trademarked logos that have been registered. Companies protect their trademarks heavily. If the logo as a whole is unique it could still contain symbols, shapes, and even colours that another company has trademarked. Outsource2Us can act as a guide through the creation and lodgement process of your logo.
  3. The design must be distinctive enough to trademark: For your trademark to receive approval it must possess a distinctive character. Essentially, your logo must possess something unique that sets it apart from all other registered trademarked logos.
  4. Apply for your trademark. Whilst you are going through this process you can use a small subscript TM attached to your logo, to warn potential copycats that you are in the process of applying for a trademark.

Finally, once you have your trademark, ensure you are constantly using the trademarked logo. You’ll be able to use a small R (for registered) trademark subscript usually to right and above your logo. Keep copies of all marketing and advertising where it has appeared, as trademarks are a “use it or lose it” situation. Ownership comes with registration and use.

Outsource2Us assists clients with all their graphic design needs, specifically their logo creation and the trademark lodgement process. A dedicated and skilled team will ensure your logo stands out from competitors while meeting all IP Australia Trademark standards and regulations.

Give them a call at Outsource2Us on 07 3257 2027 today!



Talk to Us

A company’s branding and identity are indeed important for their growth and success. If you need assistance, speak to one of Advivo’s Accountants and Advisors. Contact us today at 07 3226 1800 or email us at info@advivo.com.au