One Small Business Owner’s Journey Through Trade Mark Registration

Note: This article is a general account based on the typical experience of small business owners working with MMW Trademark Services. While not based on a specific client, it reflects the real steps and support involved in registering a trade mark with the help of an experienced attorney.

 

Starting a business is exciting, and overwhelming. I’d poured months of energy, money and creativity into launching my gourmet sandwich shop, but I hadn’t given much thought to legal protection. I thought registering my business name and setting up my website was enough.

Turns out, I was missing something crucial, and I didn’t realise it until I spoke to a trade marks attorney.

Here’s what I learnt from going through the trade mark registration process, and why I’d recommend it to any new business owner. 

Step 1: Understanding Why Trade Marking Matters

When I first spoke to Jacqui Pryor from MMW Trademark Services, I had no idea how exposed my brand really was. I assumed I was protected just because I’d set everything up properly.

Jacqui explained that only a registered trade mark gives you the exclusive legal right to use your brand name, and to stop others from copying it or misrepresenting your business. Without it, anyone could trade under a similar name, take advantage of your hard work, or even block you from using the name you’ve built your business around.

That was a wake-up call. After all the time, effort and investment I’d put in, I wanted to make sure I had the legal backing to protect it.

Step 2: Doing a Trade Mark Search

The first step was to check whether my brand name was even available.

Jacqui’s team ran a free trade mark search, which confirmed that my chosen name didn’t appear to be in use. They also offered a more comprehensive, paid search to look deeper, something I’d recommend if you want full peace of mind.

I was lucky. I’d already spent a fair bit on branding and signage, so I could’ve easily found myself needing to start over. That search saved me a lot of future stress.

Timeframe: Less than a week after our first meeting

Step 3: Preparing and Filing the Application

Once we knew the name was available, the next step was preparing the application.

I filled out a simple instruction form, and the MMW team handled the rest, including choosing the right goods and services to register the trade mark under. I didn’t realise how important this step was until they explained that once you file, you can’t edit the classes. If you want to add new ones later, you need a whole new application.

The team checked everything carefully and filed it with IP Australia within a couple of business days. It was a huge relief to know experts were managing the details.

Timeframe: 1–2 business days after submitting instructions and payment 

Step 4: Hearing Back From IP Australia

About three months after filing, IP Australia issued a notice of early acceptance. Because MMW was listed as my agent, they received all official updates, so I didn’t have to worry about missing anything or handling admin.

At this point, the application was published for public review, and others had two months to raise any objections. No one did, so the application progressed smoothly toward registration.

Jacqui had explained that we could have opted for an initial quick assessment (which gives a preliminary result in just a few days), but we chose to file directly, which worked out just fine in my case.

Timeframe: ~3 months to hear initial results; 7–8 months to final registration

Step 5: Final Registration, and Ongoing Peace of Mind

It took around seven and a half months from the day we filed to receive full registration. That was the moment I knew my brand was truly mine.

My trade mark is now valid for 10 years from the date of filing and can be renewed every 10 years. I have exclusive rights to use my brand name for the goods and services I nominated, and legal backing if anyone tries to copy or infringe on it.

MMW also keeps track of renewal dates and deadlines, so I don’t have to worry about my registration lapsing down the line. 

What I’d Tell Other Small Business Owners

If you’re building a brand, don’t wait to protect it.

Registering a trade mark isn’t just for big businesses, it’s a smart move for any business owner who’s serious about what they’re building. It’s affordable, it’s straightforward, and it gives you real confidence that you’re legally covered.

More importantly, it means you’re not alone. Having an experienced team like MMW on your side means you can focus on running your business, while they take care of the legal stuff.

Need help protecting your brand?

MMW Trademark Services offers free initial trade mark searches and can guide you through the entire registration process. If you’re not sure where to start, reach out to the team for personalised advice.