As a business owner, you will appreciate how important it is to protect your brand. One of the main ways to protect your business is through trade mark registration. However, if you have not yet registered your trade mark, you can use the ™ symbol on your logos in the interim. The ™ symbol puts other businesses on notice that you have a trade mark. This article will discuss:
- how you can use the ™ symbol on your logos;
- the difference between the ™ and ® symbols; and
- the importance of registering your trade mark.
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What is a Trade Mark?
A trade mark is any sign or symbol you use to promote your business, such as a:
- business name;
- logo;
- slogan;
- Icon; or
- colour.
It is your brand’s identity, and those signs are trade marks in and of themselves. However, your intellectual property rights to those signs are not adequately protected unless you apply for registration of those trade marks.
Although in Australia, it is not a requirement for businesses to use the ™ or ® symbols on their trade marks. However, doing so notifies others that you know your intellectual property rights.
The ™ Symbol
You may have seen businesses representing their logos with the inclusion of the ™ symbol. The ™ symbol can be displayed on trade marks without registered trade mark protection to notify others that the sign is a trade mark of the business. You can start using the ™ symbol on your trade marks at any time. For example, if you are looking to register your trade mark down the line but have not yet had a chance to, you can use the ™ symbol in the meantime.
It is important to note that the ™ symbol does not inherently provide your trade mark with any protection against unauthorised use by others. Further, defending the use of your unregistered trade mark is more challenging and costly than defending or enforcing a registered trade mark.
Continue reading this article below the formWhat is the Difference Between ™ and ®?
Now that you know what the ™ symbol represents, you might wonder how it compares to the ® symbol. ® can only be used on a sign that has been registered as a trade mark.
If you have registered trade mark protection outside of Australia, you are still permitted to use the ® symbol within Australia, but you must also include the country of registration close to your mark.
You can also use the ™ symbol while you wait for your trade mark application to be assessed by IP Australia. Once registered, you can begin to use the ® symbol.
Placement of the Symbol
Although there is no regulation on how the ™ or ® symbols are to be displayed on your trade mark, we recommend that you put it in a place that would be obvious to others. For example, common practice is to put the symbol at the top or bottom right corner of your trade mark, such as your business name or logo.
Why Register?
Using the ™ symbol does not give your brand the rights of a registered trade mark. Instead, it notifies others that you are using that sign as a trade mark. Trade mark registration, however, gives you exclusivity over your brand within your classes of goods and services. Therefore, you can use those rights to enforce your trade mark against others that try to use the same or similar marks within your goods/services classes. An example of enforcing your rights against an infringing competitor could be sending a cease and desist letter on the basis that you own the rights to the trade mark used by the other party.
We recommend that for optimal intellectual property protection, you strongly consider trade mark registration for your brand, regardless of how long your business has been around.
Key Takeaways
The ™ and ® symbols are good tools to notify consumers and competitors of your intellectual property rights. However, the use of the ™ symbol does not provide you with registered trade mark protection. To maximise the protection of your brand, we recommend applying to register your trademarks.
If you would like some help registering your trademarks, 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 0800 447 119 or visit our membership page.
Frequently Asked Questions
Given that the two symbols represent different trade mark rights, it would not be appropriate to use both symbols. This is because if your trade mark is not registered, you are only permitted to use the ™ symbol, and once your trade mark is registered, you will want to use the ® symbol to let others know that you have registered protection of your trade mark.
You can use a ™ symbol on your trade marks at any time. However, you can only begin to use the ® symbol once you have achieved trade mark registration.
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