Your logo is one of your business’s most valuable assets. It is often the first thing customers notice, a visual shorthand for your brand’s identity, reputation, and values. Whether it is across packaging, websites, signage, or social media, your logo plays a central role in how your business is perceived and remembered.
But while branding evolves, legal protection does not automatically update.
Logos Change — Your Trade mark Should Too
It is common for businesses to refresh or redesign their logos over time. These changes might be subtle, a new font, colour palette, or layout, or more substantial, reflecting a shift in business strategy, market positioning, or ownership.
What many businesses overlook is that trademark protection is tied to the specific version of the logo that was registered. If your logo has changed since your last trademark application, your current registration may no longer reflect your brand as it appears in the market. This can create gaps in protection, making it harder to enforce your rights or prevent others from using similar branding.
Why This Matters
- Outdated registrations may be vulnerable: If your registered logo no longer matches your current branding, it may be harder to prove infringement or defend your rights.
- You could lose distinctiveness: A mismatch between your registered mark and your actual branding can weaken your legal position, especially if competitors adopt similar designs.
- You may need to refile: In many cases, a new trade mark application is necessary to ensure your updated logo is properly protected.
- Don’t Forget About Word Marks
Trade mark protection is not just about logos. If your brand name or slogan appears alongside your logo, you should also consider registering a plain word mark – a trade mark that protects the words themselves, regardless of stylisation or design.
Plain word marks offer broader protection. They allow you to stop others from using your brand name in any format, not just one that looks like your logo. This is especially important if your logo includes text or if your brand name is a key part of your identity.
What Should You Do?
- Audit your current trade marks: Check whether your registered marks reflect your current branding.
- Consider filing new applications: If your logo has changed, a new trade mark may be necessary.
- Protect your words and your visuals: Register both logo marks and plain word marks to ensure comprehensive coverage.
- Seek legal advice early: Trade mark strategy should be part of your broader brand and compliance planning.
What Next?
If your logo has changed, even slightly, it is important to ensure your trade mark protection reflects your current branding.
Contact the IP and Tech team at Morgan + English to review your existing trade mark registrations and assess whether they still align with your brand as it appears in the market.
We will guide you through:
- Evaluating whether your updated logo requires a new trade mark application.
- Identifying gaps in protection, especially where logos have evolved but registrations have not.
- Considering plain word marks to protect the textual elements of your brand, independent of design.
Brand protection is not static – it should evolve with your business. Whether you have refreshed your logo recently or are planning a rebrand, we are here to help you ensure your IP strategy keeps pace.
Let us help you protect what makes your brand unique. Reach out to Ersel (ersel@morganenglish.com.au) and the IP + Tech + Compliance Team at M+E today.
