How to Use Trade Mark Symbols in Australia

What are Trade Mark Symbols?

Trade marks are one of the most valuable assets of your business. As your business continues to grow, your trade mark gains value.

In Australia, there are two symbols used to identify trade marks. The two symbols are ™ (for trade mark) and ® (for registration).  It is useful to know how to use these symbols properly.

How can Trade Mark Symbols be Used in Australia?

The ™ symbol is used with unregistered marks when a business wants to register a trade mark or when its trade mark application is being assessed by the Australian Trade Mark Office.

Only registered trade marks can use the ® symbol. Once your trade mark is registered, placing the ® symbol next to your brand tells others that it is legally protected.

If your trade mark is registered not in Australia but in other countries, you can also use the ® symbol but you need to show the country of registration close to the trade mark.

While there are no penalties for using the ™ symbol, it is an offence punishable by law to use the ® symbol if the trade mark is not registered.

When you are placing trademark symbols, place them at the upper-right of your business name, logo, or other type of mark.

Key Takeaway
Trade marks are a vital part of any business. Although there is no legal requirement to do so, it is important to consider using a ™ or ® symbol to protect your business’ brand.  If you choose to use one of these symbols, make sure you do so correctly to avoid falling foul of the law.

To speak to a trade mark specialist about registering a trade mark, call Trade Mark Direct today on 1300 002 210 or email us at


Key words: ™, ®, trade mark, brand protection and trade mark registration.


Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal advice. Specialist advice should be  sought about your specific circumstances.