In Short
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Registered trade marks grant exclusive rights to use a mark for specific goods or services, offering stronger legal protection than unregistered marks.
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Proper classification is crucial; register your trade mark under the correct classes to avoid losing protection.
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Use and renewal every 10 years are essential to maintain your trade mark rights and prevent cancellation.
Tips for Businesses
Before registering a trade mark, conduct a thorough search to ensure uniqueness and avoid conflicts. Register under the appropriate classes that reflect your goods or services. Use your trade mark consistently and renew it every 10 years to maintain protection.
The ® symbol is a common sight next to business logos and brand names, but its significance is often misunderstood. This small mark indicates that a trade mark has been officially registered with the relevant intellectual property office, such as IP Australia. It is distinct from the ™ symbol, which has different implications. Understanding the proper use and meaning of the ® symbol is crucial for businesses protecting their intellectual property. This article will explain the registered trade mark symbol, its correct usage, and the advantages of obtaining trade mark registration.
What is the ® Symbol?
If you are a business owner, you will have signs and symbols that you use to identify and promote your business, such as your:
- business name;
- logo;
- slogan;
- names of products or services.
These are trade marks that set your business apart from others.
When a business uses the ® symbol along with their trade mark, they are putting the public on notice that they have registered rights concerning that trade mark.
Unregistered (™) / Registered (®)
The distinction between unregistered and registered trade marks is crucial for businesses to understand, including the use of the different symbols. Only registered trade marks can legally use the ® symbol. To display this symbol on your sign, you must successfully register your trade mark through IP Australia. Having a registration grants you exclusive rights to use the trade mark for the goods and services your registration covers, to the exclusion of others.
However, you should be aware that using the ® symbol on an unregistered trade mark is an offence under the Trade Marks Act 1995, and you should only use it after you have received your certificate of registration.
If you have not registered your trade mark, using the ® symbol is an offence under the Trade Marks Act 1995. Unregistered trade marks can be accompanied by the ™ symbol. You can start using the ™ symbol at any time (even before applying to register your trade mark). Furthermore, you can use the ™ symbol while waiting for your trade mark application to be registered. Often, this may deter potential copy-cats.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Benefits of Trade Mark Registration
It is important to note that although you can use the ™ symbol without registering your trade mark, the ™ symbol does not provide you with any trade mark rights. This means that others can still apply to register your mark through IP Australia, and may be able to obtain exclusive rights to that mark. Defending an unregistered trade mark is a lengthy and costly process, and one that you can avoid through registration.
On the other hand, if you have registered trade mark rights, it would be a much more straightforward process to enforce your trade mark against others with the same or similar marks, which is a great way to protect your brand from copycats.
How Can I Use the ® Symbol?
In terms of how you can display the ® symbol on your trade marks, there is no set rule on where to place the symbol. However, you do want to ensure that people will notice the symbol on your trade mark. Therefore, for a logo, we suggest putting the symbol at the top right corner.
Key Takeaways
The owner of a trade mark can choose to display the ® symbol on registered trade marks to let others know that they have registered rights in place, and infringers should beware. If you do not have registered trade mark rights, you can start using the ™ symbol at any time, but this will not provide you with any enforcement rights. The best way to protect your trade mark is through registration.
If you require assistance registering your trade mark, our experienced intellectual property 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
You are permitted to use the ® symbol if you have a registered trade mark. If you do not have a registered trade mark, using the ® symbol is an offence. However, you can begin using the ™ symbol at any time.
Registering a trade mark will give you exclusive rights to use that mark within your classes of goods and services. This means you can enforce your trade mark against others who start using the same or similar marks, which in turn protects your brand.
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