e trademarking early, or can it wait? Murray, a franchise consultant and founder of Tereza Murray Franchising, claims protecting a brand is pivotal in today’s current business environment.  “Trademarking should be one of the first steps that a company takes when it’s formed. Ironically, it’s usually the smaller players who are the most vulnerable,” Murray told Inside Retail. “Retailers can spend months or years building their brand and then discover that they’re operating under someone else’s name, which is not just embarrassing, but also legally and financially painful,” she added. Securing a trademark early can be the key to long-term success, helping build brand recognition while avoiding the costly and complex process of rebranding down the track. “There’s also the idea that trademarks are for big businesses or once a business has reached a certain size. But the reality is, the earlier they protect the brand, the safer their future growth,” she said. Maggie Outridge, co-founder of pet accessories brand St Argo, trademarked both brand name and logo. As a brand working to stand out in an increasingly saturated pet market, she claims it was essential to protect St Argo’s identity early on. “In a digital-first retail space where aesthetics move fast and trends are everywhere, investing in a trademark gave us confidence to scale while limiting risk,” Outridge said. “It’s helped safeguard not just the look and feel of St Argo, but the trust we’ve built with our community,” she added. Still, some retailers may weigh the benefits of early trademarking against other startup demands, investing first in product, marketing or digital scaling. For them, trademarking may feel like a formality, not a priority and best tackled later.  The potential repercussions As Murray’s experience suggests, delaying the process can come with far greater risk than reward and even established players aren’t immune to the risks of operating without proper trademark protection.  Australian burger chain Down-N-Out, founded in 2016, suffered a reputable loss when it lost its appeal to the high court in 2020 after American burger chain In-N-Out burger sought a legal trademark battle.  The court suggested Down-N-Out had copied the American burger chain’s aesthetic, and subsequently were in breach of Australian consumer law for misleading and deceptive conduct.  “[Businesses] need to be monitoring their brand online and make sure that there aren’t potential copycats out there,” Murray reinforced. According to Murray, small businesses can fall victim to copycats and opportunists at any given time without trademark protection. “Small businesses assume they’re under the radar, but that’s exactly what makes them vulnerable. If someone else registers your brand before you do, you could lose everything you’ve built, and it’s completely avoidable,” she said.  Julie Mathers, founder of Snuggle hunny weighed in her experience to Inside Retail, stating trademarking a brand is as essential as getting an ABN and essentially, part of the business set up.  “If you don’t trademark your name and your logo at the very least you are at real risk of someone coming in, copying you and in extreme cases trademarking it and then you are at risk of losing your business and domains,” Mathers reinforced. Jordyn Evans, the founder of seasoning brand, Mingle, also opted to secure trademarking protections early, building her brand identity with clear foresight.  “We trademarked our name and logo early in the journey, they’re the most visible and distinctive parts of our brand, and we knew protecting them would give us the confidence to scale,” Evans told Inside Retail. “As a challenger brand, carving out a clear identity in a cluttered market is crucial and securing the foundations (our name and logo) was a no-brainer,” she added. Two sides of the trademark story Despite the cautionary tales, some Australian retail brands may remain ambivalent, weighing the upfront costs and admin of trademarking and while trademarks form a critical part of Mingle’s strategy, Evans is quick to point out that brand value still runs deeper.  “A lot of what builds true brand value, including your tone of voice, storytelling, customer connection. These aren’t trademarkable, but it’s what builds lasting goodwill,” she said.  While trademarks offer vital protection, the intangible elements of a brand still drive long-term differentiation.  However, in today’s fast-moving retail landscape, where design, aesthetics and speed often dominate early decisions, Evans chose to invest in the groundwork first. “Trademarking gave us the legal footing to build something with long-term value, especially as we moved into national retail where legitimacy and recognition are critical. It’s helped us prevent copycats, build retailer trust and support future-proofing the business.” Evans reflected. “But I’d also say that trademarks are only part of the picture. What really creates brand equity is how you consistently show up and build trust with your audience,” she concluded.