Trade Mark Symbol (TM) and the Registered Trade Mark Symbol (R) – when, where and how to use them – what rules apply and how to avoid fines under the Trade Marks Act 1995.
Protecting your brand is vital and indicate your brand is protected by using the trade mark symbols.
The marks (R) and (TM) can be used by traders to indicate to the world that their trade marks are protected.
Each of the two symbols differ, different rules of use apply and they are not interchangeable. The Trade Marks Act indicates when traders can use the two different indicators.
Only use the registered trademark symbol within Australia when you have a registered Australian trade mark. Fines under the Trade Marks Act apply when you use the R markings without a registration The registered symbol may be used if you have a foreign trademark registration but you must indicate it is a foreign registration The registered symbol acts as an indicator to other traders that the trade mark is protected and they should not adopt use of the mark Don’t use the registered symbol on marks that are not registered as it might be considered misleading and deceptive conduct or passing off.
The (TM) Symbol can be used on registered and unregistered trade marks. There are no fines under the Trade Marks Act in respect of use of the TM markings This symbol can be used on marks that have not obtained registration or which cannot be registered Evidence of use of the symbol can be used to prove to IP Australia that you consider use of the mark use as a trade mark Again the symbol acts as an indicator to other traders that you consider the mark to be a trade mark. Common law trade marks can be protected by misleading and deceptive conduct provisions and passing off actions. Some traders prefer to wait until they have made a trademark filed before they start using this marking
The Trade Marks Act also contains other provisions which may attract a fine which are not related to trademark symbols or trade mark infringement.
We EXCEL at Trade Mark law and assist clients to protect their brand and protect intellectual property rights
You must choose lawyers who are experienced in trademark registration and use of the trademark symbols. Lawyers who have a proven track record of convincing IP Australia to register a trademark. Our Principal has represented some of the biggest Australian household names. She represents clients before IP Australia. She can file your trademark application for you or assist you to file a trade mark application. We are experienced with obtaining registration of difficult marks and overcoming objections raised by IP Australia and other official registration agencies.
Nicole assisted Majans to obtain the registered mark for Bhuja which including an appeal to the Federal Court. She also represented Discount Drug Stores to obtain a colour registration. The evidence filed in those matters was so compelling that both cases settled before a hearing. The Discount Drug Stores appeal was the first appeal from a decision of the Registrar of Trade Marks to ever settle in Australia.