How to correctly use trade mark symbols

Depending on whether you have a registered trade mark or not, there are two symbols you can use in Australia to identify your trade mark.

The symbols and when to use them

The ™ symbol can be used for an unregistered trade mark. Often businesses use it to show they are in the process of applying for a trade mark or have unregistered rights in the brand. Anyone can use the ™ symbol.

The ® symbol can only be used for a trade mark that is registered with IP Australia. Using the ® symbol on an unregistered trade mark is illegal and can result in a fine. You also cannot use it on a trade mark that is in the application process but not yet registered.

Why use the symbols?

There is no requirement at law to use either the ® symbol or the ™ symbol. However, using the relevant symbol alerts others that you hold a right to that trade mark (registered or unregistered) and reduces the risk of infringement. Using the applicable symbol also tells your customers that you are the legitimate owner and user of the trade mark, and that they are not dealing with a copycat.

How to add the trade mark symbols

You should place either symbol prominently next to your brand name or logo. Usual practice is to place it on the upper right-hand side of the word or logo.

To add the ™ symbol:

Windows - press Ctrl + Alt + T

Mac - press Option + 2

To add the ® symbol:

Windows - press Alt + 0174

Mac - press Option + R

The ™ and ® symbols help communicate your brand’s value and credibility. If you want to discuss how to leverage your brand with a registered trade mark, reach out to me for a free consultation.