How to Own Your Brand Voice (Legally)

A practical guide to protecting your brand voice under Australian law

A unique brand voice is a valuable business asset. It shapes how customers see and interact with your brand in a crowded market. Some businesses have mastered the art of creating a distinct brand voice by communicating consistently and authentically across multiple platforms. 

Creating a unique brand voice requires considerable effort, but protecting it is just as important. In this article, we explore what a brand voice is, why it matters from a business and legal standpoint, and the practical steps Australian businesses can take to protect their brand voice through trademarks, contracts, and copyright.

At a Glance: Protecting Your Brand Voice

• A consistent brand voice is a valuable business asset.

• Australian law offers multiple options to protect your brand voice, including trademarks, copyright, contracts, and NDAs.

• Early legal protection helps to minimise the risk of brand dilution and customer confusion.

What is a brand voice?

A brand voice is a unique personality and communication style used by a business to connect with its target audience. It is an essential tool for brands to establish trust and connection with their customers, and when used correctly, it can help you stand out in today's highly competitive market. To be effective, a brand voice must be applied consistently across all customer touchpoints, as inconsistency can weaken brand recognition and customer loyalty.

Why is brand consistency important for businesses?

Brand consistency is the practice of aligning the brand voice of your business across all channels, such as websites, marketing materials and client interactions. Aligning your voice across all channels ensures a cohesive customer experience that builds loyalty. According to research by Marq (formerly Lucidpress), companies that prioritise brand consistency achieve up to 33% higher revenue and 20% overall growth than those struggling with off-brand content. Source: Marq, Brand Consistency Report

How can Australian businesses protect their brand voice legally?

In Australia, elements of a brand voice may be protected through a combination of intellectual property laws, including registered trademarks under the Trade Marks Act 1995 (Cth), copyright law, and contractual protections. These legal frameworks can lessen the risk of competitors using similar branding in a way that may mislead or confuse customers. According to the 2025 IP report, trademark filings rose by 2.8% recently, indicating the need for more proactive strategies to protect brand voice. Source: Australian IP Reports - Trademarks

There are many ways to legally protect your brand voice under Australian law:

1. Trademark protection

   Trademarks can establish exclusive rights to use certain words, phrases, or slogans in connection with specific goods or services. Once registered, trademarks help prevent other businesses from using similar branding in a way that could confuse customers.

2. Copyright notices 

   Copyright can protect original written content that reflects your brand voice, such as website copy, marketing materials, and original publications. Including a copyright notice can help signal ownership and discourage unauthorised use. 

3. Comprehensive contracts 

   When working with marketing agencies or freelancers, comprehensive contracts should clearly address ownership of intellectual property. This ensures that your company is the legal owner of any content produced for your brand. 

4. Non-disclosure agreements (NDAs)

   Non-disclosure agreements (NDAs) can help protect confidential branding strategies, messaging, and creative concepts by limiting how information can be shared or used by third parties.

Connect with Law Team to discuss a tailored, preventative approach to protecting your brand voice.

---

About the Author: Erin Vassallo

Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risk.

Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.

Frequently Asked Questions

• Does registering my business name with ASIC protect my brand voice?

  No. An ASIC registration is simply a legal requirement for trading. It does not give you exclusive rights or stop others from using a similar name or voice. To legally own your brand and block competitors, you must first register a trademark with IP Australia.

• What is the difference between copyright and trademarks for my content?

  Copyright automatically protects your original writing (blogs, scripts, emails) the moment they are created. Trademarks must be registered to protect your brand identifiers (name, slogan, logo). In short, copyright protects what you say, while trademarks protect the identity of who is saying it.

• How long does it take to register a trademark to protect my brand voice?

  In Australia, the trademark registration process typically takes a minimum of seven months. However, protection generally begins from the date your application is filed, provided it is ultimately accepted. This “priority date” can be important if a third party later attempts to use confusingly similar branding. Source: IP Australia - How to apply for a trademark