In Australia, the ™ and ® symbols are used to indicate Trade Mark rights. The difference is
that they signify various stages of Trade Mark protection and you need to be careful how you
use them.
TM: The ™ symbol is used to indicate that a Trade Mark has been filed or is being
used by a person or business as a “common law” Trade Mark.
This means that while the Trade Mark is being used in connection with the goods or services, it has not
been officially registered with IP Australia. The use of the ™ does not provide the same level of legal protection as a registered Trade Mark, but it still signifies that the user can claim rights to the Trade Mark.
®: The ® symbol, on the other hand, is used to indicate that a Trade Mark has been officially registered with IP Australia. Registering a Trade Mark provides stronger legal protection and exclusive rights to use the mark in connection with the specified goods and services in Australia. It also allows a Trade Mark owner to take legal action against owners who use the mark without permission.
In summary the ™ symbol indicates a claim to rights in a Trade Mark, while the ® symbol signifies that the Trade Mark has been officially registered and enjoys enhanced legal protection in Australia.
