All About Two Vital Trademark Symbols – TM & ®

BlogIntellectual Property RightsTrademark    October 21, 2019
Intellectual Property Right Posted On

Undoubtedly, most of us know that a trademark is a type of Intellectual Property (IP) that comprises a recognizable word, sign, symbol, or expression used to distinguish products of a particular source from those of others. However, this is not all. To get the expected benefits from trademarks, you need to be aware of all vital elements related to this exclusive Intellectual Property Right (IPR). For instance, TM and ® symbols. These are the two significant components of trademarks that often create confusion, thus limiting the gains of people associated with the IP industry. Like many other individuals and organizations, if you are also confused with these two trademark symbols, then this article is for you!

What do Trademark Symbols TM and ® Mean?

The TM symbol is used for unregistered marks to indicate that the preceding word, logo, or slogan, is a trademark, and the owner is asserting exclusive rights in it. As per the Trademark Law of many countries, trademark registration isn’t necessary to use this symbol for your branding. Note that this symbol doesn’t provide a guarantee that the mark is protected legally. In general, people use the TM symbol, while the relevant Trademark Application is under processing.

On the other side, the ® symbol, which includes letter R enclosed in a circle, is used to indicate that the relevant word, sign, or logo is registered and the owner holds legal rights of ownership on the same. With a strong deterrent effect, it warns people that the violation of the related mark will be considered a breach of trademark laws.

When Should Trademark Symbols TM and ® Be Used?

As mentioned above, the TM symbol only notifies people and competitors that you are claiming ownership rights to the name, logo, etc., next to which it is placed, many countries like the US, UK, and others allow you to use it anytime. Though emphasize unregistered class yet TM symbol is enough to deter competitors or other unauthorized users from using a mark that is either the same or confusingly similar to yours.

In contrast, the ® symbol can only be used when you have successfully registered your trademark with the relevant trademark office. In countries such as the UK and the US, using ® or any other symbol, which indicates that a mark is registered when that’s not, i.e., false representation in regards to a Registered Trademark is a criminal offense. Besides, failure to use the ® symbol in these countries could result in the loss of vital remedies required to sue someone for Trademark Infringement. However, in some other nations such as the Philippines and Mexico, it is mandatory to use the ‘registered mark/® symbol’ to maintain the registration. As trademark law and its privileges vary from nations to nations, it is better to step into this field after having precise and comprehensive information regarding the rules of the region where you want to get your mark registered. Knowledgeable IP Attorney can be the best helping hand if you are in any doubt and want precise solutions and guidance.

Where Should Trademark Symbols TM and ® be placed?

The most common location to place these two trademark symbols is the upper right corner of a mark in superscript. Nevertheless, if the placement on the top appears unpleasant, then it is acceptable to place the symbols on the lower right-hand corner.

Which Route Should Be Taken to Obtain Trademark Protection?

Due to some confusing cases associated with the use of trademark symbols, large companies who own many registered trademarks evade using the symbols to which they are entitled. Moreover, in most cases, they use the symbols only for some products, not for all. Electing not to utilize the symbols isn’t a good idea as it can affect legal actions for infringement, and thus, limit the damages that you otherwise can claim.

™ or ®? No matter which route you plan to take as per your needs, Trademark Registration is essential to reach complete protection. Although this may seem simple, the process as a whole can be tedious and could prevent you from opting for trademark registration. But don’t worry as having an experienced Intellectual Property Firm that specializes in registering brands can help you to apply for and get your mark registered without any hassle. What makes it the best way is that most of these companies are willing to do it for you at a reasonable price. For more visit: 

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