Know Your Rights: Intellectual Property 101
How intellectual property laws impact your business
Whether you are a tech startup, a real estate developer, or a creative entrepreneur, your business has Intellectual Property (IP). Simply put, your IP is any logo, words, images, products, services, processes or ideas that belong to you. Your unique IP sets you apart in the market, and it is worth protecting. In Australia and around the world, your IP is protected with a trademark. Read along to find out more about trademarks and how you can legally protect your IP as an Australian business.
At a Glance: IP Rights
Every business has intellectual property, and safeguarding it early on protects your brand, ideas, and competitive advantage.
Registered trademarks provide greater legal protection than unregistered rights and can become valuable business assets over time.
In a competitive market, having the right IP strategy in place from the start can help you avoid disputes and protect your business as it grows.
What is a trademark?
A trademark legally protects your company's distinct brand, product name, or service offerings, allowing customers to distinguish you from competitors. Generally, trademarks can be registered or unregistered, but a registered trademark provides more legal protection to your business. Trademarks can be used to protect a logo, phrase, word, letter, colour, sound, smell, image, movement, packaging feature, or any combination of these. Source: IP Australia – What are trademarks?
Business Name vs. Trademark
| Feature | Business Name |
Trademark |
|---|---|---|
| Purpose | Administrative registration for tax | Legal ownership of brand identity |
| Exclusivity | None (others can use similar names) | Exclusive nationwide rights |
| Legal Power | Cannot stop others from using it | Power to sue for infringement |
| Asset Value | Negligible | High (Can be licensed or sold) |
How do trademarks protect your brand?
A registered trademark grants your business exclusive rights to all of its intellectual property, and it becomes an asset that increases in value as your company grows. According to IP Australia, you also get the legal right to display the registered trademark symbol next to your trademark, exclusive rights to use your trademark in Australia, the ability to legally prevent others from using your trademark, and the ability to sell or license it to others. In 2024, IP Australia saw a 2.8% increase in trademark filings, indicating a highly competitive environment in which protection is no longer optional. Source: Australian IP Report 2025
Lessons from the Meta vs Threads Software Ltd trademark battle
You may have come across Threads, which is a social media platform owned by tech giant Meta. However, Threads Software Ltd, a UK-based software firm, had already trademarked “Threads” in 2012, which led to an ongoing legal dispute between the company and the tech giant. It is important to note that the smaller company was able to legally take on Meta due to its registered trademark rights. The law in Australia is similar; the first to register generally has the advantage, regardless of company revenue. Source: The London Business Journal - Meta’s Trademark Tactics
How can Law Team help you to protect your IP?
Protecting intellectual property is a critical step for any growing business. While IP rights registration can be complicated, having the right strategy in place from the start makes all the difference. Rather than risking mistakes by filing applications on your own, Law Team helps you develop a clear IP strategy and prepares applications that are tailored to your business and brand.
Connect with Law Team today to protect your ideas, your brand and what makes your business unique.
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 risks.
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
-
A registered trademark is valid for 10 years from the date of filing. Unlike patents, trademarks can be renewed indefinitely for an additional ten years as long as the mark is in active use.
-
No. Registering a business name with ASIC (Australian Securities and Investments Commission) is simply a legal requirement for trading, and it does not prohibit others from using the name in a different state or as a trademark. Only a registered trademark gives you the exclusive legal right to use and protect that brand identity on a national scale.
-
No. An Australian trademark only gives you protection within Australia. If you require protection in another country, you must apply for it there.