The symbols “TM” (™) and “R” (®) are used in the context of trademarks to indicate different levels of legal protection and registration status. Here’s a detailed explanation of the differences between the two:
TM (™) Symbol
Meaning: The “TM” symbol stands for “trademark.” It is used to indicate that a word, phrase, logo, or other symbol is being claimed as a trademark by the business or individual using it.
Legal Status: The “TM” symbol can be used regardless of whether the trademark has been officially registered with any government trademark office. It signifies that the owner considers the mark to be a trademark and intends to assert rights over it.
Protection: Using the “TM” symbol provides some level of common law protection. It can help establish priority and can be useful in legal disputes to show that the owner has been using the mark in commerce. However, this protection is generally limited compared to registered trademarks.
Usage: Businesses often use the “TM” symbol on new brands, products, or services before or while they are in the process of applying for trademark registration.
R (®) Symbol
Meaning: The “R” symbol stands for “registered trademark.” It indicates that a trademark has been officially registered with a trademark office, such as the United States Patent and Trademark Office (USPTO) or equivalent authorities in other countries.
Legal Status: The “R” symbol can only be used after the trademark has been granted registration by the appropriate governmental trademark office. Unauthorized use of the “R” symbol without official registration can result in legal penalties.
Protection: Registered trademarks with the “R” symbol receive stronger legal protection. This includes the exclusive right to use the mark nationwide (or within the jurisdiction of registration), the ability to bring legal action for trademark infringement in federal court, and the presumption of ownership and validity of the trademark.
Usage: Once a trademark is registered, the owner can use the “R” symbol to inform the public of its registered status. This can deter potential infringers and provide stronger legal standing in trademark disputes.
Key Differences
Registration Status: “TM” can be used for unregistered trademarks, while “®” is reserved for registered trademarks.
Legal Protection: “TM” offers limited common law protection, whereas “®” provides full legal protection under trademark law.
Usage Restrictions: “TM” has no legal restrictions and can be used freely, while “®” can only be used for officially registered trademarks.
Conclusion
The “TM” symbol is used to indicate that a mark is being claimed as a trademark, even if it is not registered, providing some basic level of protection. The “R” symbol, on the other hand, signifies that a trademark is officially registered and benefits from full legal protection under trademark laws. Using the appropriate symbol helps communicate the legal status of the trademark and the level of protection it enjoys.
FAQs
Can I use the “TM” symbol on my brand logo before applying for trademark registration?
Yes, you can use the “TM” symbol on your brand logo to indicate that you claim rights to the trademark, even if you have not yet applied for or received official registration. It provides some level of common law protection and helps establish your intent to claim the mark.
What are the legal consequences of using the “®” symbol without having a registered trademark?
Using the “®” symbol without having a registered trademark is illegal and can result in legal penalties. It is considered a deceptive practice because it misleads the public into believing the mark is registered when it is not. You should only use the “®” symbol after your trademark has been officially registered by the appropriate government trademark office.
Does using the “TM” symbol provide the same level of protection as the “®” symbol?
No, using the “TM” symbol does not provide the same level of protection as the “®” symbol. The “TM” symbol offers limited common law protection, which can help in establishing priority and asserting rights in legal disputes. However, the “®” symbol indicates a registered trademark and provides stronger legal protection, including the exclusive right to use the mark nationwide (or within the jurisdiction of registration) and the ability to bring legal action for trademark infringement in federal court.