What Happens If I Misuse a Trade Mark Symbol?

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Table of Contents

• What Are the Trade Mark Symbols?
• Advantages of Using the ® symbol
• What Happens if I Misuse the Trade Mark ® Symbol?
• International Use of Trade Mark Symbols 
• Key Takeaways
• Frequently Asked Questions

Your business’s intellectual property (IP) is an important asset. Therefore you must take adequate steps to protect it. For instance, registering a trade mark is one way to protect your IP. Further, trademarks can be identified by consumers and the general public through trade mark symbols. Moreover, the two main symbols used to identify trademarks are the ™ and the ® symbol. Each of these symbols has different uses and is used in certain circumstances. This article will discuss the differences between these two trade mark symbols and what happens if you misuse a trade mark symbol.

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What Are the Trade Mark Symbols?

The ® symbol is the registered trade mark symbol. IP owners will use it alongside a registered mark to indicate trade mark registration. Often, this symbol usually sits on the upper right-hand side of the mark. However, this is not a legal requirement.

Another symbol associated with trademarks is the ™ symbol. Unlike the ® symbol, the use of ™ does not mean a particular trade mark is registered. Instead, it means that the person or business using it considers the mark a trade mark.

Advantages of Using the ® symbol

After registering your trade mark, there are several steps that you should take to ensure that you get the most out of your trade mark registration. One of these steps is using the registered trade mark symbol.

In particular, using the registered trade mark symbol may serve as a deterrent to competitors by showing that your trade mark is registered and preventing them from infringing on your trade mark. Another advantage of using the registered trade mark symbol is that it will attest to the legitimacy of your brand to consumers. In turn, this can encourage business.

While some believe the use of trade mark symbols ruins the aesthetics of their marketing materials, the benefits of using them should be carefully considered when making such a decision.

What Happens if I Misuse the Trade Mark ® Symbol?

You can use the registered trade mark symbol if your trade mark is registered with IP Australia. However, using this symbol for an unregistered trade mark is an offence and may result in severe consequences.

Further, using the ® symbol where your trade mark is not a registered trade mark may be considered misleading or deceptive under Australian Consumer Law. 

International Use of Trade Mark Symbols 

Furthermore, you must be cautious about using the registered trade mark symbol internationally. Incorrect packaging or use of trade mark symbols can result in fines or claims from your competitors. 

In particular, certain countries take false marketing claims seriously, such as: 

• China; 
• India; and 
• Japan. 

Therefore, you must ensure that you market your international materials correctly. This might require you to register your trade mark in the country you are using your trade mark. 

Key Takeaways

The two commonly used symbols to identify trademarks are the ™ symbol and the ® symbol. The critical difference between these two symbols is that the:

• ® symbol is the registered trade mark symbol. It is used alongside the registered mark to indicate trade mark registration; and
• ™ symbol means that the business using it considers the mark as a trade mark.

If you need assistance registering a trade mark, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions