What does the ® symbol mean?
Businesses frequently use the ® symbol and the ™ symbol on their goods, marketing, and promotional material. Both symbols are used to identify trademarks and to signal the trade mark owner’s rights (or claimed rights) in those trademarks. However, the two symbols have different meanings, and there are strict rules regarding when and where you can use the ® symbol in particular.
Before using either of these symbols, it is essential to understand what they mean and which is most appropriate for your business. This article will explore which symbols should be used when, how to use them correctly and legally, and their advantages.
The ® symbol identifies that a name, logo or other mark has been registered as a trade mark with IP Australia, the Australian government body responsible for managing trade marks and other intellectual property rights (www.ipaustralia.gov.au). By displaying the ® symbol alongside their trade mark, businesses can notify other parties that they have registered trade mark rights in that mark.
NOTE: If the ® symbol is used outside Australia – for example, when goods and services are promoted or sold outside Australia with the ® symbol – then the relevant trade mark must be registered with the intellectual property office in each country where the symbol is used.
What does the ™ symbol mean?
The ™ symbol is used when a business wishes to signal to consumers that they are using their name, logo or other mark as a trade mark – in other words, that they are using it as a ‘badge of origin’ to identify the source of their goods or services. Unlike the ® symbol, the ™ symbol can be used regardless of whether the trade mark is registered with IP Australia. Therefore, businesses often use it to indicate that they have (or at least claim to have) unregistered trade mark rights in a particular name, logo or brand.
NOTE: Using the ™ symbol does not automatically mean your name, logo or other mark will be considered a trade mark and be granted the legal protection of a trade mark. This will ultimately depend on a variety of factors, including how your name, logo, or other mark is being used and whether it functions as a ‘badge of origin’ to identify the source of your goods or services. However, using the ™ symbol does notify other parties that you consider your name, logo or other mark to be a trade mark capable of protection.
Advantages of using the ® or ™ symbols
The main advantage of using the ® or ™ symbols on your goods and in your promotional and marketing material is that it clearly identifies your legal rights (or claimed legal rights) in the trade mark which it is used for. This can act as a deterrent to infringers. It can also make it easier to enforce those legal rights later, as it may be harder for infringers to claim that they were unaware of your trademark rights.
Using the ™ and ® symbols is also a particularly good idea if your trade mark is descriptive of the goods and services it is used for. In that case, it is important to make clear that the relevant name, logo or other mark is being used as a trade mark (i.e. as a ‘badge of origin’) rather than in a descriptive way, and using the ™ and ® symbols will assist with this.
How to use the ™ and ® symbols correctly and legally
As mentioned above, the ™ symbol can be used by any business that considers its name, logo, or other mark a trade mark.
The ® symbol can only be used for a registered trade mark. Under section 151 of the Trade Marks Act 1995 (Cth), it is an offence to use the ® symbol in relation to a trade mark that has not been registered, including where the trade mark is the subject of an application that is still pending. Penalties apply for misusing the ® symbol.
Some common examples of misuse of the ® symbol which you should take care to avoid are:
- Using the symbol for a trade mark application, which is still pending. The trade mark must have already proceeded to registration. You may wish to consider using the ™ symbol instead while your application is still pending.
- Using the symbol for a trade mark that is different to the trade mark covered in your registration. For example, if you have a registration for a stylised logo mark, you may not be able to use the symbol in relation to an unstyled word version of that mark (unless you also have a registration for the word version).
- Using the symbol for goods or services which are not covered in your registration.
- Using the symbol in Australia in relation to a trade mark that is registered overseas (unless you also have an Australian registration for the trade mark).
The placement of the ™ and ® symbols can vary depending on branding requirements. However, the symbol should be displayed prominently so it can be seen by others. Typically, it is placed on the top right-hand side next to the trade mark.
Key takeaways
There are a number of advantages to using the ® or ™ symbol – most importantly, it places other parties on notice of your legal rights (or claimed rights) in the relevant trade mark. However, the two symbols have different meanings, and there are strict rules regarding when you can use the ® symbol in particular. Before using either of these symbols, you should consider which is most appropriate for your business.
Actuate IP has a team of intellectual property experts who can assist with Trade Marks Searches, Filing & Prosecution. If you require assistance, you can contact our team at 1300 851 138 or info@actuateip.com.au, and our friendly staff will make sure you are directed to the best person to assist you with your matter.
FAQs
What is the difference between the ® symbol and the ™ symbol?
Both symbols are used to identify trade marks, and to signal the trade mark owner’s rights (or claimed rights) in those trade marks. However, the ® symbol can only be used for registered trade marks, while the ™ symbol can be used regardless of whether the trade mark is registered.
What are the rules for using the ® symbol?
The ® symbol can only be used for a registered trade mark – this does not include a trade mark application, which is still pending. It must be used only for the same trade mark and the same goods and services covered in your registration. Penalties apply under section 151 of the Trade Marks Act 1995 (Cth) for misusing the ® symbol.