TM vs ®: what each means in Australia

IP Australia lists what a trade mark can be: a logo, phrase, word, letter, colour, sound, smell, picture, movement, aspect of packaging, or any combination of these. Trade marks can be registered or unregistered. Registering one with IP Australia is a separate step from using it, and that step is what the ® symbol is about.

IP Australia describes ™ as a symbol that can be used on an unregistered trade mark, as a way of telling other traders there may be legal rights in it. It also shows that the words or logo are being used as a trade mark, not just to describe something.

What ™ doesn't do matters just as much. IP Australia says it doesn't necessarily mean the rights exist, or that they are registrable or enforceable. Anyone can put ™ next to a name; it isn't a sign that the name has been checked or accepted by anyone.

Using ™ is optional. IP Australia's answer to whether you have to use it is simply no.

® stands for registered. IP Australia says it can only be used on trade marks registered under the Trade Marks Act 1995. A mark that has been applied for but not yet registered isn't a registered trade mark, so a pending application is not the same as registration for the purposes of the symbol.

Using ® on a registered mark is also optional. IP Australia's answer is no, you don't have to use it, and you keep your exclusive rights either way.

• ™ can be used on any trade mark, registered or not. It signals a claim to the mark, not a registration.
• ® can only be used on a trade mark registered under the Trade Marks Act 1995.
• Neither symbol has to be used. A registered owner keeps their rights with or without ®.

The ® symbol follows registration, so it helps to know what registration takes. IP Australia's timeframes page describes four stages: the application is filed, examined, accepted, and registered.

• Examination usually takes 3 to 4 months from the date the application is filed.
• Once accepted, the application is advertised for two months, the window in which anyone can oppose it.
• Registration follows once any oppositions are resolved.
• In all, registering a trade mark in Australia takes at least 7 months.

The application fee is $250 per class of goods or services using IP Australia's pick list, or $400 per class without it.

IP Australia says a registered trade mark gives exclusive rights to use it in Australia for the goods and services it is registered for. A registration lasts 10 years from the filing date, and it can be renewed, again and again, so a registration can last indefinitely as long as it is renewed.

For a business that hasn't registered its name, ™ is the symbol available. For a business with a registered trade mark, ® is available. Both remain optional.

Because ™ doesn't depend on any check, two businesses can each put ™ next to similar names. The trade marks register, which IP Australia publishes, is where applications and registrations are recorded.

• What are trade marks
• Trade mark timeframes and fees

Last checked: 4 October 2026. Check IP Australia's pages before you rely on them.

This is information only, not legal advice.

CopyCatcher watches the new filings on the Australian trade marks register every week and tells you when one comes close to your name. See plans and pricing.