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The Legal Shop We are a modern Australian law firm specialising in businesses, online shops and IT platforms.
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The Legal Shop is a modern Australian law firm that specialises in providing legal services to businesses, online shops and IT platforms. Our expert lawyers have worked with businesses large and small, from international ASX-listed Australian brands to growing start ups. Whether you need help with setting up your new business, drafting contracts, protecting your branding, or day to day legal review and advice, we are here to help. Contact us today to schedule a free consultation and take the first step towards protecting and growing your business.

A plain word trade mark protects your business’ name in any font, colour or layout. This gives you flexibility to rebran...
15/10/2026

A plain word trade mark protects your business’ name in any font, colour or layout. This gives you flexibility to rebrand or use different styles of your name in product packaging, because the protected words won’t have changed.

This breadth of protection means it’s more difficult to register. Trade marks must be distinctive, and this requirement is harder to meet for a word mark, because there’s no design to support its distinctiveness.

A composite mark protects your logo, but it has the opposite trade-offs. It’s easier to register because the design and words are assessed together for distinctiveness. However, this gives narrower protection. A rebrand or differently styled logo may not fall under the trade mark’s protection, and you might not be able to enforce your rights against competitors using similar words in a different look.

Two quick checks before you file 👉

✅ Is the name distinctive enough to stand on its own, with no design to lean on?

✅ Are there similar marks already on the register for your goods or services?

We covered more considerations to the ‘word, logo or both’ decision in this week’s article: thelegalshop.com.au/articles

For help with your small business’ brand, contact us for a free, no-obligation chat.
This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

A trade mark protecting your brand name is separate from one that protects your logo, and it’s important to know which o...
13/10/2026

A trade mark protecting your brand name is separate from one that protects your logo, and it’s important to know which one you should prioritise registering.

A plain word mark protects your name, no matter what font, colour or layout you (or copycats!) use. It is usually the broadest protection, and also the hardest to get. Trade marks must be distinctive, and this requirement is harder to meet for a word mark, because there’s no design to support its distinctiveness.

A composite (or figurative) registration protects your logo design as a whole. This includes the words, graphical elements and their arrangement in your logo. While a composite mark is more likely to be distinctive and easier to register, it also provides narrower protection. Any rebrands or different styles of your logo may not fall under the protection of your trade mark. Additionally, competitors using similar words in their logo can still avoid infringement if the design is distinctive enough.

Before you file 👉

✅ Distinctive name, and no similar marks already on the register? The plain word mark is usually the first priority.

‼️ Business name and product name will have different trade marks. If you have a flagship product, it may be worth prioritising a work mark for the product name instead.

✅ Most startups cannot afford to file everything at once, so you have to prioritise registering the trade marks that will give you the most important protection.

This week’s article includes the finer details of why your prioritisation matters: thelegalshop.com.au/articles

For help with your small business’ brand, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

Ready to play? 🎉 CAN YOU TRADE MARK IT? ✨ Brand Names Edition ✨👉 Swipe to play!Pick whether each one could actually be r...
08/10/2026

Ready to play? 🎉 CAN YOU TRADE MARK IT? ✨ Brand Names Edition ✨

👉 Swipe to play!

Pick whether each one could actually be registered as a trade mark in Australia. It ties into this week’s article on why so many good brand names get knocked back.

As a cheat code: 📝
Words that describe what you sell, praise your goods or services (best, premium, expert) or names of locations are usually words that other traders legitimately need to use, so they cannot be a business’s trade mark by themselves.
On the other hand, invented words are the strongest trade marks, as other traders are unlikely to want to use them.

But take note ‼️
These tips are for plain word marks in Australia, assessed on their face. Evidence of long use or reputation can change the answer for a particular business, which is why a borderline name deserves legal advice before you file.

Read this week’s article on why good names get refused: thelegalshop.com.au/articles

For help with your small business’ brand, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

A name that describes what your business does is usually the hardest kind to trade mark. That’s why you should consult a...
06/10/2026

A name that describes what your business does is usually the hardest kind to trade mark. That’s why you should consult a trade mark lawyer on your business name before you spend any time or money on building your business.

Under the Trade Marks Act 1995 (Cth), a name has to be capable of distinguishing your goods or services from everyone else’s. This is why names that use geographical names or describe the company’s goods or services tend to be refused. They use words that traders in that industry are entitled to keep using.

Even if you’re able to register your business name registration or website domain, you might not be able to trade mark it. In our experience, for most startups whose applications are rejected for lack of distinctiveness, the refusal cannot realistically be overcome. The fixes (narrowing your goods and services, or proving years of use) aren’t realistic for a new business.

Before you fall in love with a name, consider these tips 👉

✅ Invented words, and words with no connection to what you sell, make the strongest trade marks.

‼️ Place names, product words and "best/premium/expert" are the weakest, and a startup usually cannot save them with evidence it does not have yet.

✅ Get advice on your business name before you start building your business. Getting it right on the first try will save you time and money on rebranding.

This week’s article covers the distinctiveness requirement in full detail: thelegalshop.com.au/articles

For help with your small business’ brand, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

Your director ID must exist before you are appointed as director. It is a 15 digit number that you hold, no matter how m...
04/10/2026

Your director ID must exist before you are appointed as director.

It is a 15 digit number that you hold, no matter how many companies you are involved with. The Australian Business Registry Services issues it after verifying who you are.

The requirement for a director ID is important to follow for three main reasons 👉

‼️ Not having one when required is a strict liability offence: it does not matter that you did not mean to break the rule.

‼️ You can be fined for not having a director ID. In May 2026, two New South Wales directors were convicted and fined $10,000 each, and as of June 2026, ASIC has prosecuted 11 directors for this offence.

‼️ From 1 July 2027 companies will have to give their directors' IDs to ASIC through normal reporting, so gaps will be easier to spot.

If you are setting up a company, applying for a director ID should be at the top of the list.

Read more in this week’s article: thelegalshop.com.au/articles

For help with restructuring your company, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

Setting up a company doesn’t protect you from everything.A company is a separate legal person to you. It owns the busine...
01/10/2026

Setting up a company doesn’t protect you from everything.

A company is a separate legal person to you. It owns the business’ assets, signs its contracts and owes its debts. Shareholders generally risk only what is unpaid on their shares. In most small companies, shareholders have paid off their shares, so the liability is nothing.

However, there are some exceptions to keep in mind 👉

‼️ Personal guarantees. Banks, landlords and plenty of suppliers ask a director to guarantee the company's obligations. While some people choose to give these guarantees to maintain business relations, it exposes you to personal liability.

‼️ Insolvent trading. A director must not let the company take on a debt when it is already insolvent, or would become insolvent by taking it on, and there are reasonable grounds to suspect that. Action is usually brought by a liquidator, and compensation orders can be unlimited. Defences and a safe harbour exist, but they don't help if a director was negligent or careless about the accounting.

‼️ Unpaid tax and super. A director penalty notice from the ATO can make a director personally liable for the company's pay as you go (PAYG) withholding and superannuation obligations.

Despite these exceptions, trading through a company is still generally safer than trading in your own name. If you have a company, you just need to read what you sign, and watch whether the business can pay its bills.

Read more in this week’s article: thelegalshop.com.au/articles

For help with your business structure, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

Choosing a sole trader or company structure is the first legal decision most business owners make. Most small businesses...
29/09/2026

Choosing a sole trader or company structure is the first legal decision most business owners make. Most small businesses are sole traders, as it's quicker to set up, but is that how your business should remain?

The main difference is where liability is allocated. A sole trader structure means you can be personally liable for anything that goes wrong in your business.

A company is a separate legal person, so it owns the assets and owes the debts in its own name, and a shareholder generally risks only the amount unpaid on their shares. In most small companies, shareholders have paid off their shares, so the liability is nothing.

While a company structure can protect you from liability, there are a few exceptions 👉

‼️ Personal guarantees to banks, landlords and suppliers can expose you to liability, even if you use a company structure.

‼️ A director must not let the company take on debts once it is insolvent, or would become insolvent by doing so. Compensation orders can be unlimited.

‼️ A director penalty notice can make a director personally liable for the company's pay as you go (PAYG) withholding and superannuation obligations.

‼️ For sole traders, workers' compensation covers workers, not you. The schemes differ State by State, so check yours.

Tax matters too, but that is a conversation for your accountant. Make sure to get professional advice from both a lawyer and accountant for your circumstances.

Read the full article: thelegalshop.com.au/articles

For help with starting up or restructuring your business, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

24/09/2026

Did you know? Unfair contract terms are unenforceable and can attract hefty fines, and each unfair term in each contract can count as a separate breach. In March this year, the maximum penalties also doubled for companies, up to the greater of $100 million, three times the benefit obtained from the breach, or 30% of adjusted turnover during the breach period.

While small businesses aren't likely to face maximum penalties, the cost of a modest penalty, legal costs for disputes and the cost of redrafting your contracts together can be extremely expensive. Knowing this, it's cheapest to fix your standard form contracts in advance.

For help with your small business' contracts, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

For small businesses that use standard form contracts, awareness of unfair contract terms can help you protect your busi...
22/09/2026

For small businesses that use standard form contracts, awareness of unfair contract terms can help you protect your business, build good will with your customers, and guard against unfair contract terms that you might encounter with suppliers.

Using unfair terms in a standard form contract is itself a breach of the Australian Consumer Law. Although this has been a breach for a few years, the maximum penalty for a company has been doubled since March 2026. Now, the maximum penalty is the greater of $100 million, three times the benefit gained from the breach, or 30% of adjusted turnover during the period of the breach.

The rules cover goods or services contracts that you have with consumers and with any business that has fewer than 100 employees or under $10 million in turnover. This will cover a significant amount of small business contracts, likely including yours.

Here's what to look for in your own terms 👉

✅ Can you change price or scope while the other side is locked in? E.g. a price rise clause with no matching right to exit.

✅ Do renewals roll over automatically with a narrow window to cancel? This can fall under unfair contract laws, but it can also fall under new laws on subscription contracts that come into effect next year.

✅ Do liability, indemnity and termination clauses consistently favour one side?

None of these is automatically unfair, as unfairness also depends on context. However, several one-sided clauses in a single contract will usually signal that something’s wrong. Our new article explains the current rules and what to fix first.

Read the full article: thelegalshop.com.au/articles

For help on your small business contracts, contact us for a free, no-obligation quote.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

“It’s in our terms and conditions” is not the end of the argument. In Australia, what your contract says and what you ca...
20/09/2026

“It’s in our terms and conditions” is not the end of the argument. In Australia, what your contract says and what you can actually enforce are two different things.

Your SaaS agreements are likely to be a standard form contract (offered on a take-it-or-leave-it basis), so unfair contract laws apply to consumer and small business customers.

One-sided variation clauses and sweeping indemnities are classic breaches of these laws, and all unfair terms are void and unenforceable. What’s more, your business can face penalties up to the greater of $100 million, three times the benefit of the breach, or 30% of adjusted turnover for using these unfair terms.

The Australian Consumer Law’s consumer guarantees also apply to SaaS, including when your customers are businesses paying up to $100,000. Terms that try to exclude the guarantees are void too, and telling customers otherwise can itself be a breach.

When did a lawyer last read your standard terms?

For help with your SaaS agreements, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

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