The use of ® and ™ in social media…

rtmIt is not compulsory to use the ® and ™ symbols in Australia.

However, as a trademark owner, you should use these symbols when your trade mark is used in social media posts (for example, Facebook posts, LinkedIn posts and even Twitter tweets – where possible).  There are a number of reasons for doing this, but notably use of the ® and ™ symbols may discourage potential infringers and may assist in preventing a trade mark from becoming generic.

™ can be used on registered and unregistered trade marks. It gives third parties notice that you consider a particular sign to be a trade mark.

® must only be used next to a registered trade mark. It is an offence to use it in Australia in relation to anything other than a registered Australian trade mark.

If you do not know whether a mark is registered in Australia, you should use the ™ symbol.

For more information, please refer to our blog post on product marking and note that the advice above refers to Australian practice but may differ in other jurisdictions.

LLM (Edinburgh University)

Prior to immigrating to Australia, Marine worked in the intellectual property (IP) department of French car manufacturer, Renault, and at a patent and trade marks attorney firm based in Paris. Marine also gained valuable experience in anti-counterfeiting as an in-house lawyer for the French anti-counterfeiting group, Union Des Fabricants (Unifab). There, she represented several member companies in Customs proceedings, and lobbied at the national and international level in favour of better protection of IP rights. Marine participated in working groups such as Interpol Intellectual Property Crime Action Group and Global Anti Counterfeiting Group.