What Is The ™ Symbol? (2025 Updated)

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The ™ symbol is the small mark with the letters T and M, usually appearing to the right of a trade mark. Although it is small, it serves as a clear indication that the owner is claiming the mark as their intellectual property—even if the mark is not yet registered. You may recognise it from its use by both large companies and boutique brands alike.

But what exactly does the ™ symbol represent, and what does it mean?

Let’s take a closer look at what the symbol stands for, when it should be used, and other important matters surrounding the protection of your intellectual property in 2025.

What Does The ™ Symbol Stand For?

The ™ symbol stands for trade mark. However, its use does not mean that the mark is registered. Rather, it indicates that the business is claiming a particular symbol or design as its trade mark—and often that the registration process has either commenced or is intended for the near future.

You do not need to wait for your application with IP Australia to be finalised before using the ™ symbol. Many businesses begin using it as soon as they have initiated the registration process or plan to secure formal protection.

When Do I Need The ™ Symbol?

Although you are not obligated to use the ™ symbol, it can be a prudent move to signal to competitors and customers alike that you are asserting rights to your trade mark. It essentially serves as notice that you intend to, or already have, applied for registration.

It’s important to note that while using the ™ symbol demonstrates your claim and intent, it does not provide the robust legal protection that comes with registration. To secure full ownership of your mark, you must complete the registration process with IP Australia.

If your trade mark is already registered, you have the option to use the ® symbol. The ® symbol denotes that the trade mark has been officially registered with IP Australia and enjoys exclusive legal protection.

How Do I Register A Trade Mark?

You can register a trade mark through Intellectual Property Australia (IP Australia). In 2025, the process has become even more streamlined with enhanced online tools. Once you have developed a distinctive trade mark, the first step is to conduct an Australian Trademark Search to ensure there are no existing marks that might conflict with yours.

Once you are confident that your trade mark is unique, you can proceed with your application via IP Australia’s online portal. This step can be complex, so it’s wise to enlist the assistance of an IP lawyer to guide you through the process.

If your application is successful, IP Australia will formally notify you and your trade mark will enter a two‐month period of opposition. During this time, any third party who believes your mark infringes on their rights may file an opposition against your registration. For more details on handling such disputes, see our guide on opposing a trade mark.

Once the opposition period is successfully navigated, your trade mark is officially registered and will remain valid for 10 years. At the end of this period, you can renew the registration—ensuring that your mark remains protected well into the future. You can read more about this process here.

What Can I Register As A Trade Mark In Australia?

A wide range of elements can be registered as a trade mark. This includes logos, colours, shapes, sounds, phrases, and names. Since a trade mark is used to identify your business, it should be distinctive and not merely descriptive of the products or services you offer.

For instance, registering a generic phrase is unlikely to succeed, so creativity and distinctiveness are key. If you need further guidance on choosing a strong trade mark, feel free to explore our Intellectual Property Guides.

Is The ™ Symbol Valid Internationally?

In Australia, you can use the ™ symbol for trade marks that are already registered in other countries, even if they are not yet registered domestically. However, if you plan on using the ™ symbol internationally, it’s crucial to check the specific regulations in each target country to ensure compliance.

Alternatively, you might consider registering your trade mark internationally via systems such as the Madrid Protocol. For insights into this process, see our article on registering an international trade mark.

How Else Can I Protect My Intellectual Property?

Registering a trade mark is just one method to protect your intellectual property. In 2025, with the rapid expansion of digital and global markets, it is more important than ever to utilise a range of legal strategies to secure your business assets. Not everything you create is eligible for trade mark registration, so understanding additional protection mechanisms is vital.

Below are some alternative measures you can take to safeguard your intellectual property:

What Is Copyright?

Copyright automatically attaches to original works once they are fixed in a tangible form, such as a book, painting, or digital file. This protection grants you exclusive rights to use, licence, or profit from your creative work.

For instance, the moment you finish writing your novel or complete your latest artwork, copyright protection is in place. It is important to remember that copyright safeguards the expression of an idea, not the idea itself.

To deter unauthorised use, you can add a copyright notice using the © symbol. This clearly indicates that the work is protected, and unauthorised use may constitute copyright infringement.

Patents

Patents can be registered with IP Australia for new and innovative devices, methods, processes, or substances. In 2025, securing a patent still provides you with the exclusive rights to commercially exploit your invention, thereby offering a significant competitive advantage.

However, there are strict criteria governing what can be patented in Australia, so it’s wise to familiarise yourself with these requirements—and consider professional advice—before proceeding with an application. For more information, check out what can be patented.

Non-Disclosure Clauses

For aspects of your intellectual property that are not registered through formal government processes, legal agreements can provide robust protection. A Non-Disclosure Agreement (NDA) is an excellent way to ensure that sensitive information remains confidential.

NDAs can either stand alone or be incorporated as clauses within broader contracts, preventing the unauthorised disclosure of your proprietary information. This contractual obligation offers enforceable security for your business’ IP.

Non-Compete Clauses

Non-Compete Clauses can be applied to employees, independent contractors, and even suppliers (although for suppliers, an Exclusivity Clause might be more suitable). These clauses restrict parties from engaging in competitive activities for a specified period or within a certain geographic area.

For instance, an employee’s Non-Compete Clause might prohibit them from working for a direct competitor for 12 months following the termination of their employment, thereby safeguarding your business’ proprietary information.

However, it is crucial that such clauses are reasonable and not overly restrictive. Consulting a legal professional is recommended to draft clauses that are both fair and enforceable.

Trade Secrets

Trade secrets represent confidential information that gives your business a competitive edge. Whether it’s a special recipe, a unique manufacturing process, or proprietary software code, trade secrets are valuable assets that should be protected.

Businesses commonly employ Confidentiality Clauses, Non-Compete Clauses, and NDAs to shield their trade secrets from unauthorised disclosure. Maintaining rigorous internal controls and legal safeguards ensures that your valuable information remains secure.

What Happens In A Trade Mark Opposition?

If a third party opposes your trade mark registration during the opposition period, you will receive a notice of opposition. The process then progresses through three key stages of evidence:

Stage one: The party filing the opposition submits their initial evidence.
Stage two: You, as the applicant, have three months to respond with your own evidence.
Stage three: Finally, the opposing party is given a further two months to submit additional evidence.

After all the evidence is reviewed, either a hearing will be scheduled or a hearing officer will render a decision based solely on the submitted evidence.

Key Takeaways

Understanding the various symbols used in trade mark and intellectual property protection is vital for any business. While registering a trade mark offers robust protection, knowing when to use the corresponding symbols appropriately is equally important.

To summarise what we’ve discussed:

The ™ symbol stands for trade mark and is typically positioned to the right of your trade mark.
It is used to assert your rights when you intend to, or are in the process of, registering your trade mark.
Using the ™ symbol alone does not guarantee full legal protection.
When your trade mark is registered, the ® symbol should be used to denote its registered status.
During the opposition period, should a party challenge your registration, you must be prepared to submit supporting evidence.
Trade marks can be registered via IP Australia’s enhanced online system.
Before using the ™ symbol internationally, always check the local regulations of the target country.
Complementary legal protections—such as NDAs, Non-Compete Clauses, and confidentiality clauses—are essential components of your overall IP strategy.
Stay informed about changing IP legislation by reviewing our latest Intellectual Property Guides.

In today’s digital and global marketplace of 2025, it is more important than ever to actively manage and monitor your intellectual property. Many businesses now employ specialised software and legal services to vigilantly watch for unauthorised use online, ensuring that their hard-earned assets remain secure.

If you would like a consultation on the ™ symbol or any aspect of intellectual property protection, please contact us on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Sapna Goundan

Sapna has completed a Bachelor of Arts/Laws. Since graduating, she's worked primarily in the field of legal research and writing, and she now writes for Sprintlaw.

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