What’s the Difference between TM and ® Trademark Symbols
Introduction
In the world of brands and intellectual property, trademark symbols play a crucial role in protecting a company’s identity and distinguishing its products or services from competitors. Two commonly used trademark symbols are TM and ®. While they both indicate trademark rights, there are significant differences between the two symbols. In this article, we will explore the distinctions and understand when and how each symbol should be used.
TM Symbol
The TM symbol, denoted by the letters “TM,” represents an unregistered trademark. It can be used by any business or individual to claim common law rights to the trademark. Common law rights are obtained through consistent use of a mark in commerce, distinguishing a product or service from others in the market. The TM symbol serves as a notice to others that the specific word, logo, or phrase is being claimed as a trademark. However, it does not provide the same level of legal protection as the registered trademark symbol.
Using the TM symbol is relatively simple. It requires superscripting the letters “TM” next to the trademarked word, logo, or phrase. For example, “ABC Company™.” The TM symbol can be used even if the company has filed a trademark application but has not yet received its registration from the appropriate authorities.
® Symbol
The ® symbol, denoted by the circled letter “R,” represents a registered trademark. A registered trademark provides the highest level of legal protection and signifies that the trademark has been officially registered with the relevant government agency, typically the United States Patent and Trademark Office (USPTO) in the United States. Registering a trademark grants exclusive rights to the owner, allowing them to prevent others from using a confusingly similar mark.
Using the ® symbol is only possible after the trademark has been officially registered with the appropriate authorities. Unauthorized use of the ® symbol is illegal and may result in fines or legal consequences. The ® symbol should be superscripted next to the trademarked word, logo, or phrase, just like the TM symbol. For example, “XYZ Corporation®.”
Key Differences
Now that we have understood the basic definitions of the TM and ® symbols, let’s highlight the key differences between them:
- The TM symbol indicates an unregistered trademark, while the ® symbol represents a registered trademark.
- The TM symbol can be used by anyone to claim common law rights, whereas the ® symbol can only be used by trademark owners who have officially registered their trademark.
- Using the ® symbol without valid registration is illegal, while using the TM symbol does not require registration, but still offers some level of notice.
- Registered trademarks provide stronger legal protection and exclusive rights, including the ability to sue for infringement and request damages in court.
Conclusion
Understanding the differences between TM and ® symbols is important for businesses and individuals seeking to protect their intellectual property and establish a strong brand presence. The TM symbol signifies that a mark is being claimed as a trademark, while the ® symbol confirms that the trademark has been officially registered. While both symbols have their importance, a registered trademark offers stronger legal protection and exclusive rights, ultimately providing greater control over one’s brand identity.
Whether you decide to use the TM symbol or aspire to register your trademark and use the ® symbol, it is essential to consult with a legal professional specializing in intellectual property to ensure your rights are properly safeguarded.
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Whats The Difference Between Tm And R
