After registering your trade mark, you may want to take steps to show others of your intellectual property right. There are two main symbols that you can use alongside your trade mark: the trade mark ‘™’ symbol and registered ‘®’ symbol. The status of your trade mark will dictate which symbol you should and can use. This article will explore this further.
When Should I Use ™?
You can use the trade mark ™ symbol on any brand elements you wish to claim as a trade mark. A common misconception is that you can only use the ™ symbol alongside trade marks you have applied for with IP Australia or trade marks you have registered. This is not the case. You can use the ™ symbol on a particular wording or design you intend to claim as a trade mark even if you have not formally applied for trade mark registration.
Using the ™ symbol alongside trade marks you intend to claim as a trade mark of your business is an effective way to show to competitors and consumers that you consider the mark to be a trade mark. Sometimes, this can deter competitors from copying your trade mark. However, be wary not to rely on using this symbol alone. In practice, it does nothing more than show an intention to claim this trade mark. If you do not also apply to register the trade mark in a timely manner (and depending on your circumstances), you may run the risk of another trader applying for a trade mark that is similar to yours.
When Can I Use ®?
You can only use the registered ® symbol when you have achieved registration for your trade mark, and have received the certificate of registration from IP Australia.
If you have obtained trade mark registration, it is recommended that you place the ® symbol on the trade mark to show to competitors that you have trade mark registration and, subsequently, gain legal and enforceable rights to protect that trade mark.
It is important to note that using the ® symbol on a trade mark that is unregistered is an offence under Australian trade marks law. You may be fined if you are caught doing so.
Continue reading this article below the formBenefits of Using These Symbols
The use of the ™ or ® symbol (depending on the status of your trade mark) is a way to communicate to consumers and competitors that these brand elements are a part of your business’ intellectual property.
Some may believe that using these symbols takes away from the aesthetic impression of their trade mark. However, the use of these symbols may potentially deter other traders from copying your trade marks. Without the ™ or ® symbol, others may not know that you have or intend to enforce the brand element as a trade mark. Accordingly, this benefit of using the symbol arguably outweighs the small impact on aesthetic impression.
Placing the Symbol Alongside My Trade Mark
Although it is not mandatory to use these symbols on your trade mark, you may choose to do so to show to your consumers and competitors that you:
- have obtained trade mark registration;
- intend to claim a trade mark; or
- plan to obtain registration in the future.
Whatever your reason, if you are using one of these symbols on your trade mark, it is important to use the correct symbol and place it prominently on the mark. Typically, this is towards the upper or lower right-hand side or corner of the trade mark.
If you do choose to use one of these symbols, it is recommended that you be consistent with the use. For example, suppose you have obtained registration for your logo. In that case, you should display the ® symbol on your trade mark wherever you use it, including on your website, invoices, and marketing materials.
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Key Takeaways
Your business can use the trade mark ‘™’ symbol alongside a trade mark that you intend to claim as a trade mark. This is the case even if you have not yet applied for registration with IP Australia. Likewise, if IP Australia is processing your trade mark, you may still use the ™ symbol.
You can only place the registered ‘®’ symbol alongside your trade mark once you have obtained trade mark registration in Australia and received your certificate of registration.
If you need help with trade mark registration, 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
The ™ symbol is used on trade marks that a business intends to claim as a trade mark. This can be your business name, a word, logo or tagline. Alternatively, you can use the ® symbol alongside trade marks you have registered with IP Australia.
You should place the chosen symbol prominently on your trade mark. Typically, businesses place the symbols on the upper or lower right-hand corner of the trade mark.
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