What does the ® symbol mean?
The ® symbol and the ™ symbol are frequently used by businesses on their goods, and in their marketing and promotional material. 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 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 first important to have an understanding of what they mean, and which is most appropriate for your business. This article will explore which symbol should be used and when, how to use them correctly and legally, and what the advantages of using the symbols are.
The ® symbol identifies that a name, logo or other mark has been registered as a trade mark with IP Australia, which is 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 put other parties on notice 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 will need to be registered with the intellectual property office in each country where the symbol is being 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, it is often used by businesses 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 on how your name, logo or other mark is being used and whether it is actually functioning as a ‘badge of origin’ to identify the source of your goods or services. However, using the ™ symbol does put other parties on notice 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 at a later stage, as it may be harder for infringers to claim that they were not aware of your trade mark 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 if they consider that their name, logo or other mark is functioning as a trade mark.
The ® symbol can only be used for a registered trade mark. It is an offence under section 151 of the Trade Marks Act 1995 (Cth) to use the ® symbol in relation to a trade mark which has not been registered, including where the trade mark is the subject of an application which 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 which 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 unstylised 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 which is registered overseas (unless you also have an Australian registration for the trade mark).
With both the ™ and ® symbols, the placement of the symbol can be varied depending on branding requirements. However, the symbol should be displayed prominently so it can be seen by others. Typically, the symbol is placed on the top righthand side and 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 on 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 identifies 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 same goods and services, covered in your registration. Penalties apply under section 151 of the Trade Marks Act 1995 (Cth) for misusing the ® symbol.
