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Copyright and Trade Mark Symbols in Australia: ©, ™ and ®

Jurisdiction: Australia. Reviewed 27 October 2026.

The symbols ©, ™ and ® communicate different claims about intellectual property. Adding a symbol does not by itself establish ownership or create a patent. This Australian overview distinguishes notices from the legal rights behind them.

Copyright: © is a notice

Eligible original expression can receive copyright protection automatically. Australia has no formal copyright registration system. A notice such as “© 2026 Example Studio” helps identify a claimed owner, but the owner still needs evidence of authorship and title. Ideas themselves are not protected by copyright.

Trade marks: ™ and ®

™ signals that a name, logo or other sign is being used as a trade mark. It does not mean IP Australia has approved it. ® indicates registration and should be used only for the mark in its registered form. Both symbols are optional; registration, the goods and services covered and the circumstances of use determine the rights.

Patents: numbers and pending applications

There is no universal patent symbol equivalent to ©. A product may identify an application or granted patent by number. “Patent pending” means an application has been filed; it is not a promise of grant or an immediately enforceable granted patent. A patent protects the invention defined by its claims, rather than every idea associated with the product.

Before using a notice

Check who owns each right, whether a registration is current and in the relevant country, and whether a licence permits your use. Retain creation records, assignments and licence terms. For a dispute, check the actual rights and available exceptions rather than relying on the presence or absence of a symbol.

Example: putting a new product on sale

Imagine an Australian illustrator launching a notebook under a new brand. There are several separate checks:

  • The cover drawing: a copyright notice can identify the claimed owner of the artwork. The illustrator should still retain the original files and any agreements covering contributions by others.
  • The brand name: adding ™ communicates a trade mark claim. It does not show that the name is available or that registration would succeed.
  • A pending trade mark application: applying does not make the mark registered. Check the registration status before using ®.
  • A product feature: a patent application concerns the invention described in it. A pending application is not proof that a granted patent protects the whole notebook.

The practical lesson is to check each asset separately. A copyright notice beneath a website does not establish that the business owns every photograph, logo or invention mentioned on it.

A short pre-publication check

  1. Identify who owns the artwork, writing and brand.
  2. Check the relevant registration and country before using ®.
  3. Confirm that third-party licences cover the intended product or publication.
  4. Keep a record of the searches, permissions and agreements.
  5. Review notices when ownership, branding or registrations change.

Neither crediting a creator nor adding your own notice supplies missing permission. For the underlying ownership and permission rules, read Copyright in Australia: Ownership, Permission and Practical Examples.

Updated 3 November 2026 to consolidate overlapping symbol explainers and add a practical example. General educational information; individual circumstances and overseas rules may differ.

Sources and further reading

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