Understanding Trademark Symbols in Australia: ™ vs. ®
Here’s a question I get asked all the time: “What’s the deal with trademark symbols in Australia—™ and ®? Do I really need to use them?”
If you’re running a business in Australia and want to protect your brand (or at least look like you know what you’re doing), understanding these symbols is essential.
The reality is, misusing trademark symbols in Australia can make your business look amateurish, and in the worst-case scenario, it can even land you in legal hot water.
But don’t worry. By the end of this article, you’ll know exactly when and how to use these symbols and how to leverage them as tools to build your brand’s credibility.
What Are Trademark Symbols in Australia?
Before we dive into the specifics, let’s define the two symbols you’ve seen everywhere but maybe haven’t given much thought to:
The ™ Symbol
™ stands for “trademark.” It’s a little like saying, “Hey, this name/logo/phrase is mine. Don’t mess with it.”
But here’s the kicker: you don’t need to have a registered trademark to use it. If you came up with a killer brand name last week, slap a ™ on it, and you’re good to go.
However, using ™ doesn’t give you exclusive legal rights. It’s like putting up a “No Trespassing” sign without actually owning the land—it discourages squatters, but it doesn’t stop them legally.
The ® Symbol
Now, the ® symbol? That’s the big leagues. It stands for “registered.”
In Australia, you can only use it once IP Australia has officially registered your trademark. If you use ® without registration, you’re not just faking it till you make it—you’re breaking the law.
It’s like wearing a championship belt without winning the fight. People will see right through you, and the penalties aren’t worth the flex.
The Key Differences Between ™ and ® in Australia
Legal Status
™: No registration required.
®: Requires registration with IP Australia.
Implications for Your Brand
Using ™ is a good start—it signals that you’re serious about your brand. But ®? That’s when you’ve locked it down legally. You’ve battled through the lengthy Australian trademark application process and emerged victorious with a nationally registered trademark.
When Should You Use the ™ Symbol in Australia?
1. While Your Trademark Application is Pending
Let’s say you’ve submitted your application to IP Australia, and you’re waiting for approval. In the meantime, you can (and should) use ™ to show the world you’re serious about owning that trademark.
2. For Unregistered Trademarks
If you’re just starting out and haven’t registered your trademark yet, the ™ symbol is your best friend. It’s a simple way to say, “Hands off my stuff.”
When businesses test the waters with a few different names, they often use ™ with them to make it clear they aren’t up for grabs. Once they settle on a winning brand, that’s when they go all in, apply for registration and use the ® when registered.
3. In International Markets
If your brand is going global, but you haven’t registered your trademark overseas yet, stick with ™ until you’ve got those international registrations locked in.
When Should You Use the ® Symbol in Australia?
1. After Your Trademark Is Registered
This might sound obvious, but it’s worth saying: don’t use ® until your trademark is officially registered.
You can check the IP Australia trademarks database to confirm your registration is live before you start plastering ® all over your branding.
2. On Anything That Represents Your Brand
Once you’ve earned the right to use ®, use it everywhere your trademark appears—on packaging, websites, ads, business cards, you name it. It’s like a badge of honour that says, “This is mine, and I’ve got the papers to prove it.”
3. To Deter Copycats
People are less likely to mess with your brand if they see that ® symbol. It’s a subtle (but effective) way of saying, “Don’t even think about it.”
Common Mistakes Australian Businesses Make with Trademark Symbols
Using ® Without Registration
This is the big one. If you use ® before your trademark is registered, you’re violating the Trade Marks Act 1995.
At the time of writing, section 151 of the Act stipulates a fine of over $10,000 for misrepresenting that a trademark is registered when it is not.
Overlooking ™
Some businesses don’t bother using ™, thinking it’s not worth it. That’s like walking into a fight without gloves—unnecessary and unwise. Even if your trademark isn’t registered yet, using ™ shows you’re laying claim to your brand.
Not Updating Branding After Registration
I see this all the time. A business registers their trademark but forgets to switch from ™ to ® on their materials.
Don’t leave that value on the table. If you’ve got the legal protection, flaunt it.
Practical Tips for Using Trademark Symbols in Australia
Know Your Status
Before you do anything, check the status of your trademark. You can search the IP Australia trademarks database in seconds—it’s free and easy to use.Train Your Team
Make sure everyone in your business, from marketing to operations, knows the rules for ™ and ®. This small step can save you a world of headaches later.Get Professional Help
If you’re unsure about any of this, talk to a trademark attorney. (Hint: I know a guy.)
Why Trademark Symbols Matter for Australian Businesses
Trademark symbols aren’t just decorative. They’re tools to protect your brand, build credibility, and deter would-be copycats.
When used correctly, ™ and ® send a clear message: “This is mine, and I’m serious about protecting it.”
So, whether you’re in the early stages of building your brand or you’re ready to take it to the next level, don’t sleep on this. Your future self—and your business—will thank you.
