Why some well known brands using their marks without either a TM or R-circle symbol ®?


Photo from IP Australia

Why some well known brands using their marks without either a TM or R-circle symbol ®? For example, the Linked in mark has been registered in Australia and many countries but why they do not use ® symbol?

Some main reasons are as follows:

  • You do not need to use a trademark symbol. You just need to use the trademark as a trademark. No obligation to use those symbols even your trademarks have been registered in your country.

  • Normally the brand owners also dropped ® (or all changed to TM) if there are international shipments, and the mark is not registered everywhere or for the particular goods being shipped.

  • Sometimes they do not want to make special packaging as one offs for particular countries unless there a business reason to do so.

Key lessons:

  • Using ® indicates a registered trademark

  • Using TM indicates that you want to claim it is a trademark and claims the mark to be using.

  • If you do not want to use letter TM or ® for your trademark, an alternative can be to include registration in a footer. This may be a happy medium for both legal and marketing department.

Any other reasons that you can share with Maygust Trademark Attorneys?

If you want to protect your brands in Australia, New Zealand and worldwide, feel free to contact us. Maygust Trademark Attorneys are happy to assist you!