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Is any type of symbol required to give notice of a registered or unregistered trade mark?

April 26, 2017Mark Notice registered symbol Trade type unregistered

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Is any type of symbol required to give notice of a registered or unregistered trade mark?

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Our Trade Marks Act does not require the use of any type of symbol in order to give notice of a registered or unregistered trade mark. However, it is an offence to represent that an unregistered mark is a registered trade mark. Is using a variation of the trade mark permissible? Although it is advisable to use the mark exactly as it is registered, minor variations to a mark, provided that it is not an infringement of another’s mark, are permissible. However, in so far as the varied mark differs substantially from the mark on the Trade Marks Register, the mark in use will be an unregistered mark. Do you have to state the ownership of a registered trade mark? In depicting your registered trade mark, there is no requirement that the proprietor of the registered trade mark should be stated. However, stating the proprietorship of a registered trade mark gives notice to the public that the particular mark is registered in the name of a specified entity.