If you’re building a brand, there’s a good chance you’ve already come up with a catchy phrase you want customers to remember.
It might be your slogan, a recurring tagline on your packaging, or a short phrase you repeat across your website and ads. Either way, once the phrase starts gaining traction, the next question usually comes fast: how do you trademark a phrase so no one else can copy it?
In Australia, you can often protect a phrase by registering it as a trade mark. But there are a few traps that can waste time and money (or leave you with a registration that doesn’t really protect your business in practice).
Below, we’ll walk you through the process in a practical way, including what phrases can be trade marked, what to check before you file, how classes work, and how to avoid common mistakes startups make when they’re moving quickly.
What Does It Mean To Trademark A Phrase (And Why Does It Matter)?
When people talk about “trademarking” something in Australia, they’re usually referring to registering a trade mark. A trade mark is a legal right that can help you stop other businesses from using the same (or confusingly similar) branding for the same or closely related goods or services.
A phrase can be a trade mark if it’s used as a badge of origin - meaning it helps customers identify your business as the source of the goods or services.
Common Examples Of Phrases Small Businesses Try To Trade Mark
- Slogans used in marketing (for example, on your website header or ads)
- Taglines on packaging, invoices, email signatures, or social profiles
- Campaign phrases that you use repeatedly (and want to “own” long-term)
- Short brand phrases used like a sub-brand (sometimes printed like a logo, but still words)
Why Registering A Phrase Is Different To Just Using It
You might already be using the phrase in business, and you might even have some limited protection under general law (through reputation and “passing off”). But for most startups and small businesses, relying on that alone can be risky and expensive to enforce.
Registering the phrase as a trade mark can give you stronger, clearer rights, but how effective those rights are in practice will depend on things like how distinctive the phrase is, the classes you register in, and what the other party is actually doing. Registration is still often a key step when you need to:
- ask a competitor to stop using your phrase (before the confusion spreads)
- protect your marketing investment as you scale
- license the phrase (for example, through collaborations or resellers)
- support your brand value in a sale or investment round
And importantly: registering early can help you avoid the headache of rebranding after you’ve already printed packaging, built a website, and started acquiring customers.
Can You Trademark Any Phrase In Australia?
Not every phrase can be registered. This is where many businesses get stuck - they’ve chosen something clever, but it’s not legally “distinctive” enough to function as a trade mark.
Generally, A Phrase Needs To Be Distinctive
To be registrable, your phrase usually needs to be capable of distinguishing your goods/services from other businesses.
Phrases are often rejected when they are:
- too descriptive (they simply describe what you sell)
- too common (every business in the industry would reasonably want to use the phrase)
- generic praise (for example, “BEST QUALITY” for a product)
- misleading about what you offer
This doesn’t mean you can’t use descriptive words in branding - it just means you may not be able to lock them up as exclusive rights via a registered trade mark.
“Slogan” vs “Phrase” - Is There Any Legal Difference?
In practice, “how to trademark a slogan” and “how to trademark a phrase” are usually asking the same thing.
A slogan is just a type of phrase (generally a short marketing line). The legal test is still about whether the words can function as a trade mark for the goods/services you claim.
A Quick Reality Check Before You Spend Money
If your phrase is a common statement that many competitors might need to use, it may be difficult to register.
On the other hand, if your phrase is unique, slightly unusual, or clearly tied to your brand identity (not just your product category), you’re often in a stronger position.
How To Trademark A Phrase: A Step-By-Step Process
Here’s a practical roadmap you can follow. The exact steps can vary depending on your industry and how your phrase is used, but this is the typical process for startups and small businesses in Australia.
Step 1: Decide How You’re Actually Using The Phrase
Before you file, get clear on the role the phrase plays in your branding.
Ask yourself:
- Is it a long-term slogan (part of your brand for years), or a short campaign phrase?
- Is it used on products/packaging, or only in social media captions?
- Does it appear consistently (same wording, same spacing), or does it change often?
This matters because trade marks are about how you use the words to identify your business - not just whether the words are clever.
Step 2: Do A Clearance Search (Don’t Skip This)
One of the biggest mistakes we see is filing first and searching later.
Even if you came up with the phrase yourself, someone else may have already registered the same or a similar phrase in the same (or closely related) categories.
A proper clearance search should consider:
- registered trade marks that are identical or similar
- related goods/services that could still create confusion
- common variations, alternative spellings, spacing, and plural forms
This is also the stage where it can help to get guidance from an intellectual property lawyer, especially if you’re expanding quickly or investing heavily in branding.
Step 3: Choose The Right Classes (This Is Where Protection Is Won Or Lost)
When you register a phrase as a trade mark in Australia, you don’t register it “for everything.” You register it for specific categories of goods and/or services (called classes).
This is critical. If you choose the wrong classes, you can end up with a registration that looks good on paper, but doesn’t protect what you actually do.
For example:
- If you sell physical products, you may need classes covering the goods themselves.
- If you run a service business, you’ll likely focus on service classes.
- If you do both (for example, a software platform plus consulting), you may need multiple classes.
Choosing classes is also strategic. Startups often want to protect the immediate business model and allow room for planned growth, without overreaching into irrelevant areas.
Step 4: Decide Whether To Register The Phrase As “Words” Or As A Stylised Logo
In many cases, you can file your phrase as a word mark (plain words) or as a logo mark (words in a particular design).
- Word mark: Often broader protection for the wording itself, regardless of font/style.
- Logo mark: Protection tied to that specific stylised presentation (helpful if the design is distinctive, but usually narrower for the words alone).
For many small businesses, a word mark is a strong option if you want to protect the phrase across different brand assets (packaging, ads, website headers) without being locked into one design forever.
Step 5: File The Application And Manage The Examination Process
Once filed, the application generally goes through an examination process where it may be accepted, queried, or refused.
If you receive an objection, it doesn’t necessarily mean “game over” - but you’ll usually need to respond carefully and within deadlines.
If your phrase is central to your brand, it’s often worth dealing with objections properly rather than abandoning the application and hoping for the best.
Step 6: After Registration, Use It Consistently And Enforce It When Needed
Registering is a major step, but it’s not the end of the story.
Once your phrase is registered, you should:
- use it consistently in the form you registered
- monitor the market for confusingly similar uses
- take action early if someone starts using it (delays can make disputes harder)
Trade marks are business assets. Like any asset, they need ongoing attention to stay valuable.
Common Mistakes When You Trademark A Phrase (And How To Avoid Them)
Most trade mark problems we see aren’t caused by bad intentions - they’re caused by busy founders trying to move fast.
Here are some of the most common pitfalls, and what to do instead.
Mistake 1: Picking A Phrase That’s Too Descriptive
If the phrase simply describes your product, service, or a feature/benefit, it can be difficult to register.
What to do instead: Aim for something distinctive, imaginative, or unique to your brand voice. If you love the descriptive phrase for marketing, you can still use it - but consider also creating a more distinctive brand phrase that you can protect.
Mistake 2: Filing In The Wrong Classes (Or Not Enough Classes)
This can leave gaps where a competitor can legally register a similar phrase for related offerings.
What to do instead: Map your revenue streams now and in the next 12-24 months, then align your trade mark classes to that plan.
Mistake 3: Assuming A Business Name Registration Protects The Phrase
Registering a business name is not the same as having trade mark rights.
A business name can help with identification and compliance, but it usually won’t stop someone else from using the same phrase as branding.
For startups that are formalising their setup at the same time, it can help to get your structure right early (for example through a Company Set Up) so ownership of key IP is clear from day one.
Mistake 4: Not Securing Your Brand Internally (Co-Founders, Contractors, Collaborators)
Even if your phrase is registered, you can still run into internal disputes if ownership and use aren’t clear among founders or contributors.
What to do instead: If you have multiple founders, set expectations early with a Shareholders Agreement, and make sure contractors assign IP created for you (including marketing assets).
If you’re sharing your marketing concepts with a third party (like a potential agency, manufacturing partner, or collaborator), an NDA can help you protect confidential ideas before they become public.
Mistake 5: Using The Phrase In Ads In A Way That Could Breach Consumer Law
Slogans can sometimes cross into “promises” about outcomes, performance, or guarantees.
If your phrase is used in marketing, you should also consider how it aligns with your consumer law obligations - especially around refunds, performance claims, and advertising accuracy.
It’s worth keeping Australian Consumer Law in mind, particularly if your phrase could be interpreted as a guarantee (for example, “Always Works” or “Guaranteed Results”). A misleading slogan can create compliance problems even if it’s trade marked.
What Else Should You Put In Place While Protecting Your Phrase?
Trade marking a phrase is a big step, but it works best when it sits inside a broader legal foundation for your business.
Depending on how you sell and operate, you might also want to review your core documents and brand protections so everything works together.
Key Legal Documents That Often Matter For Brand-Driven Businesses
- Customer terms: These set out payment, delivery, cancellations, limitations of liability, and what happens if something goes wrong.
- Privacy compliance: If you collect customer data (for example via a newsletter signup, online store, or enquiry form), you’ll likely need a Privacy Policy.
- Website rules: If you operate online, having clear website terms and acceptable use rules can help manage risk and prevent misuse of your content and branding.
- Internal governance: If you operate through a company, documents like a Company Constitution can help clarify how decisions are made and how the business is run.
These aren’t just “legal admin.” They’re part of protecting your business value - including the value you’re building in your brand and marketing assets.
Practical Tip: Think About Where Your Phrase Will Appear
Before you invest further in branding, take 10 minutes to list everywhere the phrase appears (or will appear):
- website homepage and landing pages
- packaging and product labels
- email marketing
- social media bios and posts
- contracts, proposals, invoices
- signage (if you have a physical location)
This helps you make better decisions about whether you need a word mark, a logo mark, and what classes actually reflect your real-world use.
Key Takeaways
- “How to trademark a phrase” in Australia usually means registering the phrase as a trade mark so you can stop competitors from using it for similar goods or services.
- Not every phrase can be registered - phrases that are too descriptive or too common are more likely to be rejected.
- A proper clearance search is essential before you file, because a similar existing trade mark can block your application (or create infringement risk).
- Choosing the right classes is one of the most important parts of trade marking a phrase, because your protection only applies to the classes you register.
- Registering your phrase works best when your broader business foundations are in place too - including founder arrangements, confidentiality protection, and customer-facing legal documents.
This article is general information only and not legal advice. If you’d like advice specific to your situation, get in touch with a lawyer.
If you’d like help trade marking your phrase or setting up your brand protection strategy, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
