Q&A

Question: Can I get in trouble for using the R symbol to indicate my TM is registered when it is not?

Answer:

Yes. It is an offence under the Trade Marks Act to indicate that your trade mark is registered, when it is not.

IP Australia who oversees the registration of trade marks does not police this. However, a complaint can be made with the Australian Federal Police to investigate and furthermore forwarded to the Commonwealth Office of Public Prosecution to prosecute.

Daniel Smith

Answered by Daniel Smith

As LegalVision’s specialist trademark lawyer, Daniel can help you with your trade mark registration process and provide advice on how best to protect your brand. In addition to his trade mark experience, he’s worked in litigation and brings in extensive IT know-how as well. Daniel uses both his in-depth technical knowledge and legal experience to understand his clients’ business needs and help them achieve the best possible outcome.

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