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By February 14, 2011IP Insights

Did you know that it is an offence under the Trade Marks Act 1995 to use the symbol ® in connection with your trade mark when your trade mark is unregistered in Australia?  Where you have a pending trade mark application it is acceptable to use ™ symbol in connection with your trade mark.

Using the ™ symbol makes others aware that the mark is your Trade Mark and is important to you.  The use of the ™ symbol is important in that it alerts others that this is your Trade Mark and innocent infringement cannot be claimed as a defense where there is alleged infringement.


If you would like assistance in obtaining registration of your Trade Mark or would like further information on Trade Mark matters, please contact Wynnes.

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