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 view-source: https://www.kashishipr.com/blog/all-about-two-vital-trademark-symbols-tm/
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