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Having a registered trademark is a great way to protect your business’ intellectual property. Even though copyright automatically applies to ideas when they are fixed in a tangible form, registering a trade mark is a smart extra step – especially in today’s digital landscape where brand identity is crucial. In 2025, with increasing global competition and online exposure, securing your IP can make all the difference.
However, a common question we get is, “Do I need to use the registered trademark symbol?”.
The simple answer is: not necessarily, but it’s a wise move if you want to clearly signal to your customers, suppliers, and partners that your intellectual property is fully protected under the law. Using the symbol can enhance your professional appearance and reinforce your brand’s legitimacy. For additional insights on protecting your IP, feel free to check out our guidance on Intellectual Property.
But first things first – what exactly is trade marking?
How Does Trade Marking Work?
Trade marking falls under the umbrella of intellectual property law. The concept is broad – a trade mark can be a word, logo, design, colour, or even a sound that distinguishes your brand from competitors. Essentially, if it makes your brand easily recognisable, it might qualify as a trade mark.
For instance, many businesses choose to trade mark a unique logo or a distinctive colour scheme, which not only boosts brand recognition but also strengthens legal protection against infringement by competitors.
Once a trade mark is registered, it grants you exclusive rights for 10 years from the date of registration, with the possibility of renewal for further 10-year periods. This exclusive right means that you can prevent others from using your mark in connection with similar goods and services, effectively solidifying your brand’s identity.
What Is The Registered Trade Mark Symbol?
The registered trade mark symbol is the ® symbol. It’s a subtle yet compelling way to communicate that your trade mark is officially registered and legally protected.
Using the ® symbol shows that your IP is formally registered with IP Australia and helps signal to anyone viewing your branding that you take your legal protection seriously. For further insights on protecting your creative assets, you might find our International Trade Mark Consultation Package useful.
How Do I Register A Trade Mark?
Registering a trade mark is a detailed process best undertaken with the guidance of a legal professional to ensure you’re not wasting time or resources. In 2025, the process continues to be managed through IP Australia, which now offers enhanced online services for a smoother application process. You can start your application at their official website here.
Initially, you must finalise your trade mark design and complete a comprehensive search of the register to check its availability. Once confirmed, you’ll proceed with the application process, during which the submission is carefully examined by IP Australia.
If your application meets all the requirements and no oppositions are raised during the mandatory two-month advertisement period, your trade mark will be registered – securing its legal protection for a decade. To avoid common pitfalls during this process, it can be helpful to refer to our article on regulatory requirements for your business.
How Do I Use The Symbol?
As mentioned earlier, you are not legally compelled to display the registered trade mark symbol. Some businesses choose not to use it if they feel it clashes with their logo’s aesthetics. However, when used, the ® symbol should typically appear immediately after your logo or brand name.
It is important to note that using the ® symbol when your trade mark has not been registered is against the law. If you’re ever in doubt about proper usage, our experienced lawyers can offer guidance – you might also want to read our comprehensive guide to trade marks for more detailed advice.
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Example Let’s say Leslie has opened a store selling her special, homemade chocolates. Proud of her commitment to sustainable practices, she designs a trade mark emblem that reflects her eco-friendly ethos and engages a lawyer to help navigate the registration process. After several months of meticulous work, Leslie’s trade mark is successfully registered. Though initially concerned that the ® symbol might give her packaging too much of a ‘corporate’ look, her legal advisor confirms that its use is optional—allowing Leslie to align her branding with her values. |
What Happens If I Make My Brand Global?
If you plan to expand your business overseas, it’s important to note that your registration with IP Australia is strictly national. In other words, your Australian trade mark does not provide global protection. You will need to apply for international registration in the countries where you intend to operate.
For example, you might register your trade mark with the World Intellectual Property Organisation (WIPO), which now allows you to cover over 120 countries through a single, streamlined application. For tailored advice, explore our International Trade Mark Consultation Package, designed to help businesses expand confidently into new markets.
Furthermore, maintaining your trade mark internationally requires vigilance. In 2025 many businesses use advanced digital monitoring tools to track unauthorised use worldwide. Staying proactive by consulting with legal professionals can help you manage renewals and any opposition proceedings effectively, ensuring that your global brand remains secure and recognisable.
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Example Hannah wants to take her well-established publishing business global. Ready to expand into North America, she seeks to register her logo internationally but discovers a similar mark already exists there. After consulting a legal professional through our trade mark services, she is advised to modify her logo by adding “Australia” on the side, thereby indicating its origin. This strategic adjustment resolves potential conflicts and supports her global expansion strategy. |
Key Takeaways
Generally, you do not have to use the registered trade mark symbol next to your mark. However, it’s a valuable addition if you want to clearly demonstrate that your intellectual property is legally protected.
Trade mark registration is an essential process for protecting your brand, even if it can be somewhat lengthy. Keeping up-to-date with the latest legal requirements in 2025 will ensure your brand is protected both domestically and internationally.
If you’re considering trade mark registration or need advice about the trade mark you already have, our experienced lawyers are here to help. Reach out to us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligation consultation.
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