Don’t Risk Your Brand! Why Getting Your Trademark Right the First Time Matters

Intellectual Property, Business Planning
Thinking of protecting your brand in Australia?

You’ll need to file your trademark application through IP Australia. But before you rush in, here’s what you must know to avoid costly mistakes that could leave your brand exposed.

Trademark Applications: Get It Right, Right from the Start!

Once your trademark registration is locked in, you cannot expand or change the scope of your application. If you miss something, you’ll have to start all over again (and pay the fees again too!). This is why it’s critical to:

  • Choose the right classes that align with your business now and in the next 5 years.
  • Cover all products and services you plan to offer—if not, you will need a fresh application later.
  • Actually use your trademark in the classes you’ve registered because if not used for a 3-year period then it could be removed for non-use (yes, that’s Australian trademark law!).

If you don’t use your trademark in Australia within any 3-year period, a third party can apply to have your trademark removed for non-use; goodbye, protection!

Choosing the Right Classes Is Trickier Than You Think

Trademark classifications can be confusing. For example:

  • Regular teas? Class 30.
  • Medicinal teas? No! Those belong in a different class altogether.
    If you’re not an experienced trademark lawyer, it’s easy to pick the wrong class—and that can limit your rights.  For example, if you register in teas and someone comes with a similar trade mark for Medicinal teas, but yours are actually medicinal teas, you may have limited your rights and wasted your money (and goodwill!).
Common Mistakes People Make When Filing a Trademark
  1. Wrong classes chosen (hello, limited protection!).
  2. Incomplete coverage—missing key products or services.
  3. Filing the wrong type of trademark—should it be a word mark or logo (design mark)?
  4. No proper trademark searches—which can lead to rejection… or worse, a total rebrand.
How Trademark Legal Assistance Saves You Time, Money & Headaches

Hiring an experienced trademark lawyer can make all the difference! Here’s how:

  1. Expert Class Selection: A trademark attorney ensures your application covers every relevant class, protecting your brand now and into the future.
  2. Clear Strategy for Word Mark vs. Logo: Lawyers help you decide whether a word mark, logo, or both is right for your business.
  3. Comprehensive Searches: Before filing, your lawyer will run thorough searches to avoid conflicts and ensure your application has the best chance of approval.

Avoid costly mistakes when filing your trademark. Our team ensures your application is done right the first time.

Gladwin Legal are experts in Corporate Law and have extensive experience in advising businesses. If you require assistance in understanding your legal obligations, please contact us at or 1300 033 934.