A trade mark is protected by law whether or not it is registered in the Register of Trade Marks.
If an unregistered trade mark (such as a brand name) becomes known as the 'sign' by which the particular goods or services of one person are identified, then any other person who attempts to sell (passes off) their goods under that same trade mark may be sued under the general laws of misrepresentation, including the provisions of the Australian Consumer Law.
Notice of an unregistered trade mark can be given by using the abbreviation ™.
However, much better protection is given if a trade mark is registered in the Register of Trade Marks. The provisions of the Trade Marks Act 1995 (Cth) give the owner of a registered trade mark the exclusive rights to use that trade mark in relation to the goods or services in respect of which the trade mark is registered, as well as the right to obtain relief under the Act if the trade mark is infringed.
Notice of a registered trademark can be given by using the abbreviation ®. An example is Apple ®.
A registered trade mark is personal property which can be sold, licensed or otherwise used in the same ways as other kinds of personal property.