12 November 2025
Launching a new food product is exciting — but before you hit the shelves, you need to make sure your brand is legally protected. That means checking your name is available and registering it as a trade mark so you can grow your business with confidence.
Here’s a step-by-step look at how to secure your food brand in Australia — and beyond.
1. Choose a Brand That Stands Out
The best food brands are unique and distinctive. Words like Spicy, Fresh, or Organic are too descriptive to register, and so are common surnames or place names.
Pick something that feels original and memorable — something that sets your product apart in a crowded market. A strong, distinctive name is easier to register and defend.
2. Check Availability Before You Launch
Before investing in packaging or marketing, make sure your name isn’t already taken.
Search the Australian Trade Marks Register, check Google, and look at your competitors’ branding.
Keep in mind: even small spelling changes (like “Krisp” instead of “Crisp”) won’t help if the names sound or look too similar.
3. File in the Right Classes
For most food products, you’ll want protection in:
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Class 29 – meats, fish, dairy, and plant-based alternatives
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Class 30 – baked goods, pasta, sauces, spices, coffee, tea, and confectionery
Think about your future plans too — you can’t add products to a registration later, so plan for expansion from the start.
4. Protect All Parts of Your Brand
Trade marks can cover more than just words. You can register your logo, slogan, colour, or even the shape of your packaging. Registering each element separately strengthens your protection and helps stop copycats.
5. Don’t Forget Overseas Protection
If you plan to export, protect your brand abroad early. The easiest path is often a Madrid Protocol application — one international filing that can cover multiple countries.
If you file within six months of your Australian application, you can keep your Australian filing date as your “priority date” overseas.
Your brand is your business’s identity — protect it from day one.
Whether you’re launching a snack range or scaling a gourmet food label, IP Solved can help you search, register, and defend your brand in Australia and across global markets.
