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.
