In today’s fast-moving business landscape, protecting a brand is more than just smart—it’s essential. For small business owners, securing a trademark early could be the difference between long-term success and an unexpected rebrand.
Trademarking a business name, logo, or slogan isn’t just for big companies. In fact, small businesses are leading the charge. According to the 2024 Australian IP Report, trademark applications by Australian residents increased by 9.8% in 2023, reaching 49,0361. Sectors like advertising, education, and technology—industries heavily populated by startups and small and medium enterprises’ (SME)—are driving the trend.
But despite the rise in awareness, many businesses are still unprotected.
“A common misconception is that registering a business name with the Australian Securities and Investments Commission (ASIC) gives you ownership—it doesn’t,” says Tereza Murray, Franchise Consultant and Founder of Tereza Murray Franchising (TMF). “Only a registered trademark gives you the legal right to that name.”
And waiting can be costly.
Real-world consequences
One small Brisbane café owner spent three years growing a loyal customer base and was ready to franchise under their brand name ‘Bloom & Brew’. But just before expansion, they discovered a café in another state had trademarked the same name.
Even though the café had been using the name first, challenging the trademark would have meant a lengthy and expensive legal battle. Instead, they made the painful decision to rebrand—starting over with a new identity, website, signage, and marketing. The financial impact was significant, and the emotional toll was even greater.
“This isn’t an outlier,” Murray adds. “Small businesses assume they’re under the radar, but that’s exactly what makes them vulnerable. If someone else registers your brand before you do, you could lose everything you’ve built, and it’s completely avoidable.”
Why small businesses are most at risk
Many small business owners assume they’re too small to attract attention or be imitated. In reality, that makes them more vulnerable. Once a brand gains traction—especially online—it becomes visible to competitors, copycats, and opportunists.
This risk is compounded by the rise of “passing off,” where others imitate a business’s branding closely enough to confuse customers. Without a registered trademark, it can be incredibly difficult (and expensive) to stop them.
Rebranding is more than just a name change
Rebranding after losing a name isn’t just a hassle—it’s a domino effect. Business owners must rebuild everything from their website and email addresses to signage, social media handles, SEO rankings, and customer recognition. In some cases, a rebrand can damage public perception and credibility.
“A trademark gives you the legal power to stay in control of your identity,” says Murray. “Without it, all that hard work can disappear overnight.”
The path to protection: Trademarking made simple
Trademarking doesn’t have to be complex. With the right tools and guidance, businesses can secure their brand early and avoid unnecessary setbacks. Key steps include:
- Start with research. Use IP Australia’s free TM Checker to see if a name or logo is already registered.
- Apply early. Once your name is clear, lodge your trademark with IP Australia and select the correct trademark classes—categories that define where your protection applies.
- Monitor your brand. Trademarking isn’t “set and forget.” Stay alert to potential infringements and be prepared to take action.
- Get expert advice. For businesses planning to scale, grow, or franchise, guidance from a trademark expert or consultant like TMF can make all the difference.
“One of the most effective strategies is reviewing the trademark classes your competitors use,” Murray adds. “That’s often where the risk and threat lie. Leaving gaps in coverage opens the door for others to exploit your brand and sneak in.”
Trademark early and grow with confidence
A trademark is more than a legal checkbox—it’s a business safeguard against confusion, conflict, and costly rebrands. It gives owners the confidence to scale, market, and innovate without the looming threat of brand conflict or confusion.
“Choosing a brand name should go hand-in-hand with securing a trademark,” Murray explains. “You don’t need to wait until you’ve ‘made it’, that’s when it’s too late. Trademarking early ensures your brand identity is protected from day one, giving your business the solid, secure foundation it needs to grow with confidence. It’s absolutely worth it.”
For guidance on how to trademark your brand, or for support in scaling your business, visit http://www.terezamurrayfranchising.com.au.
