Once a logo is approved, the questions change. Nobody asks about the colour any more. They ask who owns it, whether the business name already protects it, whether to trade mark my logo now or later, and what the little TM means. After ten years of logo design for Melbourne businesses we hear the same six questions almost every time, so here they are with straight answers. Where the answer touches the law we point to the government source and suggest a trade mark attorney for anything with money riding on it.
1. Who owns the logo once I have paid for it?
Under Australian copyright law the person who creates an artistic work owns the copyright unless it is assigned in writing. For a logo that means the designer, not the client, unless your agreement says otherwise. Our proposals assign full ownership of the final mark to the client on payment, and we hand over every working file. Ask any designer you hire to put the same thing in writing before you pay. An invoice that says “logo design” is not an assignment.
2. Does registering my business name protect the logo?
No. A business name registered with ASIC lets you trade under that name; it does not stop someone else using a similar name or mark. ASIC says so directly on its business names versus trade marks page, and business.gov.au explains the difference in plain terms. A registered trade mark is the only one of the two that gives you exclusive rights, and it is also the one people forget until a competitor turns up with a lookalike.
3. Should I trade mark my logo, the name, or both?
Think about what customers recognise. If they know you by the word, a word mark covers the name in any font or colour and is the more flexible registration. If they know you by the symbol, a logo mark protects that specific design. Many businesses file both. A logo registration protects the drawing as filed, so if you plan to refine the mark in a year, file the word first and the logo once it settles. This is one reason we treat naming as a separate step before design: the name has to clear a search before the logo is worth drawing.
4. How do I check nobody already owns something similar?
IP Australia runs a free public register. Start at search existing trade marks, look for the word and for similar words in the same class of goods or services, and read the results for anything a customer could confuse with yours. We run this search during naming and again before we present a final logo, because a mark that looks like a registered one in your industry is a mark you will have to replace. Finding it at the sketch stage costs nothing. Finding it after signage is printed costs a rebrand.
5. What do the TM and R symbols mean, and can I use them?
TM is a claim. You can put it next to a mark you are using as a brand whether or not you have applied to register it. The R in a circle means registered, and using it on a mark that is not registered is an offence in Australia. So the safe sequence is: TM while you use the mark or while an application is pending, R only once IP Australia has registered it. We set up logo files with and without the symbol so you can switch when the registration comes through.
6. What files should I receive, and what are they for?
A finished logo should arrive as a small set of files that covers every use. Vector files (SVG, EPS, PDF) scale to any size and are what printers and sign makers need. PNG files with transparent backgrounds are for screens and documents. You should get the full-colour version, a single-colour version, a reversed version for dark backgrounds, and a version with safe space and minimum size marked. If a designer sends you one JPEG, you have a picture of a logo, not a logo. This is also the point where a short brand guideline earns its keep, which is why it is part of every brand identity project we deliver.
What to do this week if you already have a logo.
Check three things. Find the document that assigns copyright to your business, and if it does not exist, ask the designer for one. Search the IP Australia register for your name and your logo’s main word. Decide whether the brand is settled enough to register, and if it is, talk to a trade mark attorney about classes and cost. None of this needs a designer, and all of it is cheaper than finding out later.
Is a trade mark the same as copyright in a logo?
No. Copyright protects the artwork from being copied and exists automatically once the logo is drawn. A trade mark protects the mark as a badge of your business in a class of goods or services, and only exists once IP Australia registers it. Most businesses need the copyright assigned to them and the trade mark registered.
How much does it cost to trade mark a logo in Australia?
IP Australia charges a government fee per class of goods or services, and attorneys charge separately for advice and filing. Fees change, so check the current amounts on the IP Australia site before budgeting. The search itself is free.
Can I change my logo after I trade mark it?
Small changes may still be covered if the registered mark remains the essential part, but a redesign generally needs a new application. If a redesign is likely within a year or two, register the word mark first and the logo once the design has settled.
