TM and ® Symbols: How To Use Them Correctly in Australia

Your brand is one of your most valuable business assets. When you start putting your name and logo out into the world, you’ll often see little symbols next to brands - ™ and ®. Knowing when and how to use each mark symbol isn’t just a design choice; it’s part of a smart brand protection strategy in Australia.

In this guide, we’ll explain exactly what these symbols mean, when you can (and can’t) use them, and how they fit into your overall plan to protect and commercialise your brand. We’ll also cover simple formatting tips, common pitfalls, and the legal steps to lock in your rights.

What Do The Mark Symbols ™ And ® Actually Mean?

Think of these symbols as signals to the market about the status of your brand rights:

• ™ (Trade Mark): This shows you’re claiming the brand as a trade mark. It doesn’t require a government registration. In Australia, you can use ™ on words, logos, taglines - even while your application is pending, or if you haven’t applied yet.
• ® (Registered Trade Mark): This tells the world the mark is registered with IP Australia. It comes with stronger, statutory rights under the Trade Marks Act 1995. You must not use ® unless your mark is actually registered in Australia for the relevant goods/services.
• SM (Service Mark): Common in the US to indicate services, but in Australia, businesses typically just use ™ for both goods and services.

Important point: using a symbol is optional. Your legal rights come from using your mark in trade and, more powerfully, from registration. Symbols are useful notice tools, but they don’t create rights by themselves.

Also, a trade mark is different from a business name or company name. Registering a business name or company with ASIC doesn’t automatically give you exclusive brand rights. If you’re not sure about the difference, it’s worth revisiting the distinction between a business name vs company name and how trade marks fit into the picture.

When Can Your Business Use The ® Registered Trade Mark Symbol?

You can use ® only when your mark is registered in Australia for the specific goods and/or services you’re using it for. That means:

• Your application has been examined, accepted (after any objections/oppositions are addressed), and the mark is on the Australian Trade Marks Register.
• You’re using the mark for the classes of goods/services covered by your registration.

Misusing ® can be unlawful. Under the Trade Marks Act, it’s an offence to falsely represent that a mark is registered when it isn’t. Even if you’re registered overseas, you still shouldn’t use ® in Australia unless you also hold an Australian registration for that mark.

Not registered yet? You can file an application with IP Australia and use ™ while it’s pending. Registration is a strategic step - it strengthens your position if you need to stop competitors, attract investors, or expand nationally. If you’re considering the process, you’ll need to choose the right classes. Getting your trade mark classes right is crucial so your registration actually covers what you sell.

Once you’ve decided to move forward, it can be efficient to register your trade mark early in your brand journey. That way, every piece of marketing you publish is building goodwill in a protected asset.

Is Using ™ Enough To Protect Your Brand?

Using ™ is a good start. It tells others you claim the brand as your trade mark, and it can deter casual copycats. But ™ alone doesn’t give you the same enforceable rights as registration.

Here’s the practical difference:

• With ™ only: You may rely on reputation and the common law action of “passing off” or the Australian Consumer Law to push back against look-alike brands. This can be slower and more complex to enforce.
• With ® (registered): You have a statutory right to stop others using a deceptively similar mark for the same or similar goods/services, which is generally more straightforward to enforce.

If someone misleads customers into thinking their product is yours, you may also have remedies under section 18 of the Australian Consumer Law (misleading or deceptive conduct). For a quick refresher on that principle, see how section 18 applies to brand representations and marketing claims.

Bottom line: ™ is helpful, but registration plus correct use of ® is the gold standard for protecting a brand you intend to grow.

How To Add The Mark Symbols To Your Brand Assets (And Where To Place Them)

There’s no strict legal rule about placement. The aim is practicality and clarity. Most businesses place ™ or ® in superscript immediately after the mark:

• Word mark example: BRAND™ or BRAND®
• Logo example: a small ™ or ® tucked in a corner of the logo
• Tagline example: “Slogan You Love™”

Use the symbol on the first or most prominent mention on a page or collateral piece (e.g. the homepage header, the packaging front panel), then you can drop the symbol on repeated mentions for readability.

How To Type The Symbols

• ™ (Trade Mark): Unicode U+2122. On Windows, type Alt+0153 (numeric keypad). On Mac, Option+2. On many devices, you can also copy/paste directly.
• ® (Registered): Unicode U+00AE. On Windows, Alt+0174. On Mac, Option+R.

Make it legible but not distracting - typically a smaller font size and superscript styling works well. Keep usage consistent across your website, social profiles, packaging, and ads so your brand looks professional and deliberate.

Use Notices In Legal Text

In addition to the symbol, many businesses add a short notice in the footer or on packaging, such as “XYZ is a registered trade mark of ABC Pty Ltd.” This is not mandatory, but it’s a clear and tidy way to record ownership.

What If Your Application Is Pending?

While your application is being examined or opposed, use ™, not ®. Once registration is confirmed, update your design files to include ® for the registered marks covered by your registration.

Protecting And Commercialising Your Trade Mark: Practical Next Steps

Using the right symbol is one part of brand strategy. The other part is locking in legal protection and setting up simple contracts so you can use, share, and (if you want) monetise your brand with confidence.

1) Register And Maintain Your Trade Mark

• Scope it properly: Make sure your application covers the correct goods/services. Choosing accurate trade mark classes avoids gaps that competitors can exploit.
• File your application: Secure your filing date and start using ™ consistently while it’s pending. If you haven’t started yet, you can register your trade mark to begin that process.
• Keep it alive: Trade marks can last indefinitely if renewed on time. Build a reminder system and plan for trade mark renewal so protection doesn’t lapse.

2) Expand Or Rebrand Smoothly

• New lines or markets: If you expand into new goods/services, consider filing additional classes. It’s cheaper and cleaner to extend protection before competitors appear.
• Corporate changes: If you restructure or sell the brand, you’ll need to formally transfer a trade mark to the new owner to keep the register accurate.

3) License Or Franchise Your Brand

If you let partners, franchisees, or distributors use your brand, do it under a clear, written licence. This controls how the mark is used (quality, territory, duration) and protects your reputation.

• IP Licence: Grants permission to use your trade mark on agreed terms while you retain ownership.
• IP Assignment: Permanently transfers ownership of the mark (often used in a sale of business or brand). Only assign ownership if you intend to give it up.

Without a licence or assignment agreement, you risk brand misuse, inconsistent quality, or even disputes about who owns the mark. Formal documents keep everyone aligned and protect the value you’ve built.

4) Use Symbols Consistently Across Channels

Once you have a registered mark, roll out ® consistently across your website, packaging, labels, and digital ads for the protected mark(s). Keep ™ for marks that aren’t registered. Consistency supports your enforcement position and keeps your marketing clean.

5) Monitor And Enforce

Keep an eye on the market and new applications. If you spot a conflicting mark, consider early action. Often, a firm but fair letter resolves issues before they escalate. Your enforcement approach should be proportionate, commercially sensible, and aligned with your brand values.

Key Takeaways

• ™ signals you claim a brand as your trade mark; ® signals the mark is registered in Australia for particular goods/services.
• Only use ® once your mark appears on the Australian register - using it early can breach the Trade Marks Act.
• ™ is helpful notice, but registration plus correct use of ® gives you stronger, easier-to-enforce rights.
• Place symbols in superscript after the mark and use them consistently across your website, packaging, and marketing.
• Protect the asset behind the symbol: file in the right trade mark classes, keep on top of renewal, and use clear agreements like an IP Licence or IP Assignment when sharing or selling your brand.
• A registered trade mark works alongside other laws (like ACL section 18) to help prevent misleading or deceptive look-alike branding.
• Business names and company names don’t give you trade mark rights, so consider registration to secure true exclusivity in Australia.

If you’d like a consultation on the best way to use the mark symbol for your brand - and to register, license or transfer your trade mark - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.