Do I Need To Use The Registered Trade Mark Symbol?

Building a brand in Australia is exciting - your name, logo and look set you apart. Naturally, you’ll want to protect them.

At some point, you’ll notice other brands using the little ® or ™ after their names and wonder: do you need to use those symbols too? And if so, when?

In this guide, we’ll explain what the ® and ™ symbols actually mean in Australia, when you can (and can’t) use them, whether you must use them at all, and practical tips for using them across your website, product packaging and marketing materials. We’ll also cover how to register your trade mark the right way, so your brand is protected from day one.

What Do The ® And ™ Symbols Mean In Australia?

Let’s start with the basics. In Australia, the ® and ™ symbols signal different things about your brand rights.

• ® indicates a registered trade mark. It means your brand is formally recorded on the Australian Trade Marks Register and protected under the Trade Marks Act 1995 (Cth). Registration gives you exclusive rights in connection with the goods/services you specify.
• ™ indicates you’re claiming a trade mark, but it may or may not be registered. You can use ™ before, during or after applying, or even if you never apply.

Think of ™ as “this is my brand” and ® as “this is my registered, legally protected brand.”

It’s important not to confuse these with the copyright © symbol. Copyright protects creative works like photos, copy and artwork. Trade marks protect brand identifiers like names and logos. If you’re licensing creative content separately (for example, photos or copy), you’ll usually use a Copyright Licence Agreement to do so.

When Can You Use The Registered Trade Mark Symbol?

In Australia, you can only use ® after your mark is successfully registered with IP Australia. Using ® for an unregistered mark is a legal offence and can attract penalties.

Here’s what that means in practice:

• Pending application: Use ™ while your application is being examined. Switch to ® only once the mark is registered.
• Registered in Australia only: You can use ® in Australia in relation to the goods/services covered by your registration. For global materials (seen in countries where your mark isn’t registered), consider sticking with ™ or adding a short note like “Registered in Australia.”
• Scope matters: If your mark is registered for certain classes (e.g. clothing) but not others (e.g. software), limit your use of ® to materials connected with the registered goods/services.
• Word, logo or both: Use ® with whichever element is registered. If only your stylised logo is registered and your word isn’t, use ® when the logo appears, and ™ for the unregistered word.

Misusing the ® symbol - even unintentionally - can cause issues with regulators and undermine trust with customers. If you’re unsure whether your use falls within your registration, it’s wise to get tailored advice from an intellectual property lawyer.

Do You Legally Need To Use The ® Symbol?

No - there’s no legal requirement to add ® to a registered trade mark in Australia. Your registration rights exist whether or not you display the symbol.

So why use it at all?

• It places the market on notice. ® signals that your brand is on the register - a simple deterrent against copycats.
• It helps in brand education. New team members, distributors and designers can see at a glance what’s registered and should be used consistently.
• It supports enforcement. While not essential, consistent use can help show you take your rights seriously if you ever need to enforce them.

Bottom line: you don’t have to use ®, but many businesses choose to do so for practical, strategic reasons. If you prefer a cleaner look in your logo, you can also use ® in the footer or legal notice area of packaging, your website or your brand guidelines.

How Do You Register A Trade Mark In Australia?

If you want to use ® and, more importantly, secure exclusive rights in your brand, you’ll need to register your trade mark with IP Australia. Here’s a high-level overview.

1) Identify What You’re Protecting

Decide whether you’re protecting a word (brand name), logo, tagline or a combination. Consider how you’ll use the mark now and in the future.

2) Choose The Right Classes

Trade marks are registered in “classes” that describe your goods or services. Picking the right classes is crucial - it defines your protection. Our guide to trade mark classes in Australia explains how classes work and what to consider.

3) Run Clearance Searches

Before filing, search for earlier or similar marks that could block yours. This reduces the risk of objections and saves time and money.

4) File Your Application

You can apply directly or via an attorney. Many businesses engage a lawyer to register their trade mark to ensure the specification and classes are drafted properly and to respond to any examiner issues.

5) Examination, Acceptance And Registration

IP Australia examines your application. If there are no objections - or once you overcome them - the mark will be accepted, advertised, and then registered (after any opposition period). At that point, you can use ® in Australia for the covered goods/services.

6) Maintain And Use Your Mark

Keep using your mark as registered. If ownership changes (e.g. after a sale or restructure), record the change promptly - you may need to transfer the trade mark to the new owner to keep records current.

Best Practice For Using Trade Mark Symbols In Branding And Marketing

Once you’ve got your protection ducks in a row, here’s how to roll out symbols in a way that’s both compliant and brand-friendly.

• Use ™ from day one. As soon as you settle on a brand, you can add ™ to start asserting your claim while you apply for registration.
• Switch to ® after registration. Update assets once you’re registered - especially packaging, website footers, product pages and logo files. There’s no rush; do it as part of your next brand update cycle.
• Place it discreetly. The symbol is usually a small superscript after the mark (e.g. BRAND®). Avoid overusing it in running text - add it on first or most prominent use per page or asset.
• Follow your scope. Only use ® for the specific registered mark (word/logo) and for the goods/services covered in Australia.
• Document the rules. Add a page in your brand guidelines setting out when to use ™ vs ®, and how to place the symbols. This helps agencies and resellers stay consistent.
• Consider licensing and collaborations. If third parties will use your brand (e.g. franchisees, distributors or partners), a formal IP Licence sets out how your trade marks should be used, displayed and protected.

Tip: Many teams include a short trade mark notice in the website footer listing registered marks (“BRAND® is a registered trade mark in Australia”), alongside other notices like copyright. It’s simple and keeps the main design clean.

Using ® And ™ Internationally: What If You Sell Overseas?

Symbol rules can differ across countries, so plan ahead if your marketing is global.

• Using ® overseas: Only use ® in countries where the mark is actually registered. If your website or packaging is global, ™ is the safer default unless you include country-specific notices.
• File in key markets: Consider an international trade mark application (e.g. Madrid System) to extend your protection into target countries. This streamlines filings while still resulting in national registrations.
• Localise where needed: Some businesses maintain separate artwork for different markets so they can use ® only where it’s valid.

Remember, trade mark rights are territorial. Registration in Australia doesn’t automatically protect you elsewhere - and it doesn’t entitle you to use ® overseas unless and until those registrations are in place.

Common Questions About Trade Mark Symbols

Is It Illegal To Use ® If My Mark Isn’t Registered?

Yes. It’s an offence in Australia to represent that a mark is registered when it isn’t. Use ™ until registration is granted.

Should I Use ™ Even After Registration?

You can. Some brands prefer ™ for a cleaner look on certain assets and keep ® in footers or legal notices. It’s a brand choice - your registration rights don’t depend on displaying ®.

What If My Brand Includes Both A Word And A Logo?

Protect them separately if both matter. If only your logo is registered, use ® with the logo and ™ with the word mark until the word is registered too. If both are registered, you can use ® with either.

Can I Use Symbols On Social Media, Apps And Domains?

Yes - apply the same rules. Use ™ if unregistered or registered elsewhere, and ® for the registered mark within Australia. For app icons or tight spaces, it’s okay to leave symbols off and include a trade mark notice on the app store listing or support page.

What If I Rebrand Or Sell My Business?

Update your registrations and records. If ownership changes, record the assignment and transfer the trade mark to the new entity. If you pivot to new goods/services, consider fresh filings in the correct classes.

Getting It Right From The Start: Practical Tips

• Do a clearance search early to avoid conflicts before investing in branding.
• File in the right classes - coverage is only as strong as your specification, so review the classes and descriptions carefully.
• Set internal rules about when to use ™ vs ® so your team rolls it out consistently.
• If collaborators, distributors or franchisees will use your brand, put usage rules in a written IP Licence.
• Plan for growth - if overseas expansion is on the cards, map out priority markets and consider an international application.
• Get support for filing and enforcement questions from an intellectual property lawyer so your protection matches your business goals.

Key Takeaways

• In Australia, ® is only for registered trade marks; ™ can be used whether or not you’ve registered.
• You don’t have to use ® by law, but many brands do - it deters copycats and clarifies your rights.
• Only use ® for the registered mark (word or logo) and within the classes and country where it’s registered.
• Registering your brand with IP Australia is the best way to secure exclusive rights; get the classes and specification right when you register your trade mark.
• For global materials, stick to ™ unless you have registrations in those countries or include clear notices.
• Use clear brand guidelines and, where third parties use your brand, a written IP Licence to control usage.

If you’d like a consultation on protecting your brand and using trade mark symbols correctly in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.