Brand owners are frequently unfamiliar with the significance of symbols associated with their trademarks. The two most frequent trademark symbols are the letters “TM” in superscript – TM– and the letter R in a circle – “®” – while additional symbols, such as SM, which is typical for service marks in the Philippines, or the acronym RTM (which stands for “registered trademark”), are also used.
What do these trademark symbols mean?
The TM symbol – TM – is commonly used for unregistered marks to notify the public that the brand owner is claiming trademark rights in that phrase, logo, or slogan. You do not require a trademark registration to use this symbol in relation to your branding, with the probable exception of Germany. The use of this sign does not ensure that the mark will be protected by trademark rules in the jurisdiction where the brand owner is doing business. While the appropriate trademark application is being handled, it is fairly customary to utilize the TM sign, which surely adds to the prevalent view that TM represents an unregistered mark.
The ® Symbol, on the other hand, is used to show that a mark has been registered and offers a formal legal notification of ownership of the trademark, which might be a name, logo, or slogan. The use of this sign, for example, alerts competitors that the trademark is registered, and as a result, it frequently has a strong and effective deterrent impact. Any infringement will be treated as a violation of trademark laws.
The © symbol represents copyright and is a reserved right notification for any work that can be copyrighted, such as artwork, photography, videography, books, literary works, and so on. The © sign is used in conjunction with the name of the copyright holder and the year of first publication. In certain countries, appropriate usage of the sign is required in order to claim copyright protection. The Berne Convention, on the other hand, requires the employment of a sign to claim copyright protection. As a result, even though the usage of the symbol is not a legislative obligation, it serves to alert infringers.
So when should I be using these trademark symbols?
In nations like the United Kingdom and the United States, the TM symbol can be used at any time (although there are some legal doubts about the ability to use it in Germany for non-registered marks). As previously said, it just informs the public and rivals that you are claiming trademark rights to the brand adjacent to which it is situated. Even if it is not registered, simply having the TM sign might dissuade competitors from using the same or confusingly similar mark for your products or services.
In contrast, the ® sign should only be used in the UK or the US if your trademark has been successfully registered with the applicable trademark office. In the United Kingdom, for example, it is a crime to fraudulently represent that a mark is registered when it is not, and a representation includes both words like “registered” as well as the symbol “®” and even other phrases or symbols that indicate that the mark is already registered.
In some countries, such as Mexico and the Philippines, the use of the “registered mark”/® sign is required in order to keep the registration. Furthermore, failing to utilize the ® sign in the United States may result in the loss of valuable remedies if you suit for infringement. If you are unsure, please contact us (or your trademark expert) for assistance.
Where these trademark symbols should be placed?
The most typical method is to superscript symbols such as TM and ® on the upper right corner of a trademark. It is also quite fine to position it in the lower right-hand corner if, for example, placing it on the top of the mark would be unappealing.
We at Brealant have a lot of expertise in assisting brand owners of all sizes – from sole proprietors and SMEs to multinational corporations – in searching for, protecting, and enforcing their brands and designs in the Philippines and throughout the world. We are always available to answer your queries, including assisting you with registering your trademarks and designs in the Philippines and elsewhere. If you have any queries regarding how to use these trademark marks or abbreviations, please contact us and we will gladly assist you.