Protecting Brand for Longevity
With a history spanning over 100 years (only a few years short of our own firm, Wrays, which turns 105 this year) this little jar of goodness has been a staple in Australian households and is not only rich in B Vitamins – but also rich in IP history. In this article, we explore how Vegemite has successfully protected its brand and how other businesses can learn from its approach to ensure long-term protection of their trade marks.
The Importance of Registering Your Brand Name
Vegemite first obtained protection for its first word trade mark registration for the brand name “VEGEMITE” for yeast extracts in 1923. A registered trade mark for your primary brand name (typically filed in all block capitals) is a top priority for securing long-lasting protection for your key brand indicator in any stylisation, irrespective of changes or refreshes in overall branding. It is also the strongest way in which to prevent third parties from adopting or registering similar word marks within your registered field.
However, it’s important to keep in mind that a registered trade mark can become vulnerable to removal in Australia if not used for a continuous period of 3 years. Therefore, it is essential to regularly review your portfolio to ensure that your trade mark protection remains current, and any refreshed branding is appropriately protected.
Expanding Protection: Logo, Product Names, and Defensive Trade Marks
Since its initial trade mark registration, Vegemite has expanded its protections to various logos, related product names, and even defensive trademarks. The most notable of these is the well-known elongated red hexagon logo, which has become synonymous with the Vegemite brand. Additionally, Vegemite has secured trade mark protection for the names of related products (including “CHEESYBITE” and “BEGEMITE” – a possible reference to the brand’s current owner, Bega Cheese Limited (Bega) – as well as the relatively short-lived “iSnack2.0”), and a suite of defensive trade marks for its brand name in other classes.
Whilst only available in some countries, a defensive trade mark registration is available in Australia and can be a powerful tool where a brand owner can establish that use of its well-known mark in relation to other goods and services may still create a connection with the brand owner in the mind of consumers. In Vegemite’s case, goods defensively claimed under its defensive word trade mark registrations are as diverse as caravans, tricycles and musical instruments.
New Product Categories and Market Collaborations
Over the years, Vegemite has expanded its reach through unique merchandise and collaborations. The branding has entered a wide array of product categories including VEGEMITE boardshorts, a Domino’s limited-edition cheesy VEGEMITE pizza, VEGEMITE branded mobile phone accessories, VEGEMITE branded “Volley” sneakers, and Royal Australian Mint VEGEMITE gold coins.[1] It is possible that Bega could now secure standard trade mark protection in many of these additional classes without the need for a defensive trade mark registration.
Shape Trade Mark Protection: Safeguarding the Iconic Vegemite Jar
In addition to protecting its name and logo, Bega now also holds a shape trade mark for its iconic jar and lid comprising (as is written as an endorsement on its trade mark registration): the shape of a jar and lid, with the jar bearing a yellow-coloured label including a red-coloured logo, the lid being yellow-coloured and the jar having a contrasting brown colour, as shown in the representation(s) attached to the trade mark.[2]
The importance of this shape trade mark registration – which assists to protect the shape and colour configuration of the well-known jar without the word “VEGEMITE” present – would have been particularly significant for protecting from copycat imitators when Bega first started rolling out its Vegemite Personalised Jars to celebrate “100 mitey years”,[3] the perfect gift “for the VEGEMITE lover who has everything”.[4]
In some cases, less-traditional trade marks (such as shape, colour, smells or sound) can only be registered by demonstrating a history of targeted marketing and evidence of use, and so the importance of correct trade mark usage and Keeping Good Trade Mark Records will come into play.[5]
Protecting Taglines and Slogans: The Power of “Happy Little Vegemites”
Another essential element in Vegemite’s trade mark strategy is its protection of taglines and jingles. In addition to its VEGEMITE brand name, logo, shape and colours, Bega also has the words “TASTES LIKE AUSTRALIA” protected as a registered trade mark since 2018, as well as the slogan and jingle for “HAPPY LITTLE VEGEMITES” registered as a sound trade mark. First released by a trio of young performers in 1954, the toe-tapping jingle was re-mastered and released again to subsequent generations in the 1980s and again in 2010 to remind Australians of their love for the iconic brand.[6] The first registered trade mark protection for the jingle slogan was applied for in the 1990s and registration for the sound mark protecting the tune and musical score was obtained in the early 2000s.
Conclusion: Key Takeaways for Brand Protection
In today’s crowded market, brand owners wanting to stand-out are increasingly looking to adopt and protect new and innovative signs and features that might help differentiate them from competitors.
Trade mark protection is not only for your brand name and logo but can be sought for any sign that might help distinguish your product or service line – this includes taglines and jingles but also may also include the shape of the product or packaging, colours (or a combination of colours), smells, sounds, movement or even taste.
The longevity and brand presence of the iconic Australian concentrated yeast extract is a telling case study in innovative marketing and strategic protection of your key brand assets. Regularly reviewing and updating your trade mark portfolio will help secure long-term protection and set the foundation for continued brand success.
A jar of Vegemite is instantly recognisable by its colours, packaging and shape – even without being able to view the Word Mark.
Our Wrays Trade Mark Team
Wrays has a team of Brand Protection experts around Australia who can assist business owners with appropriate strategies for identifying and protecting their key brand identifiers and trade mark assets. Please feel free to contact the author of this article Marie Wong or email wrays@wrays.com.au. We would be happy to assist.
[1] https://vegemite.com.au/100-mitey-years/
[2] https://search.ipaustralia.gov.au/trademarks/search/view/1842067
[3] A trade mark for the word mark “MITEY” was also applied for in 2024 and the trade mark application is currently under examination: see https://search.ipaustralia.gov.au/trademarks/search/view/2418523
[4] https://vegemite.com.au/store/vegemite-personalised-jar/
[5] https://www.wrays.com.au/insights/keeping-good-trade-mark-records/