™ vs ®: Understanding the Difference and When to Use Them

Misconceptions regarding trademarks are commonplace. Queries such as whether using a certain mark is permissible and whether registering a trademark is necessary are frequently posed. A particularly confusing aspect revolves around the symbols TM and R, their significance, and the proper times and ways to utilize them.

What’s the Difference Between TM and R?

As with many legal concepts, regulations and practices can vary depending on the region. Seeking jurisdiction-specific counsel is always advisable. However, some general understandings apply across most regions and offer basic insights.

The TM symbol typically signifies that any individual or enterprise intends for a particular word, phrase, or logo to be a source identifier for their product or service. Trademark registration isn't mandatory to use this symbol, and many businesses will employ TM for novel goods or services, both before and throughout the application process.

Conversely, the R symbol denotes that a given word, phrase, or logo represents a registered trademark for a particular product or service. It should only be applied when dealing with registered trademarks, and only by the owner or authorized licensee. Additionally, it is essential to only use this symbol within regions where valid trademark registration exists.

Why Does it Matter?

We must reiterate — trademark law is exceedingly complex, with seemingly minor actions and omissions potentially causing significant consequences. Consulting a trademark attorney to discuss your specific circumstances is almost always a worthy investment. What follows isn't an exhaustive list, but rather a few examples to demonstrate the importance of such advice.

Online discussions often suggest that the use of these symbols is unimportant, and that registering a trademark in general has little bearing on the degree of protection one enjoys. While this might hold true in certain regions, it doesn't in all of them.

Primarily, if you are using a word, phrase, or logo as a trademark intending to identify you or your company as the provider of goods or services, many countries allow this without registration, which is known as 'common law' usage. You do, without doubt, have some protections in common law regions, however these are not equivalent to the protection afforded to the owner of a registered trademark.

Employing the TM symbol when you don't wish to or can't obtain registration is often a strategic move. For example, if your mark or brand is deemed unregistrable because of its descriptive nature, consistent use can lead to distinctiveness, making registration possible later on. In this case, utilizing the TM symbol over time can assist you in demonstrating continuous use, thus establishing that the brand has been used as a trademark for a sustained period of time, and has become recognizable in the market.

Employing the TM symbol for unregistered marks can also communicate to the general public (and potential infringers) your commitment to legally safeguarding your brand. In some scenarios, this can discourage potential infringement. Remember too that, by creating a brand, you're forming an intangible but crucial asset for your company. This can be a key factor for investors when making decisions. Although an unregistered brand name holds some value, it cannot be compared with the asset potential of a registered brand.

Why is There So Much Variation in How Different Companies Use the Different Trademark Symbols?

There isn't a singular, correct approach. Multiple factors should influence the choice to use a symbol, or not. Or to use it selectively in different ways and through different channels and media. Some of these have legal implications, while others are integral to your marketing and branding strategy.

The most advantageous strategies for your brand and which legal requirements your region demands requires expert guidance. However, the points below should initiate some thought!

A frequently asked question relates to the symbol usage for major companies like Google, who own numerous registered trademarks but may not always use the relevant symbols. Other instances might show symbols used only in certain scenarios or channels, and not others. Use restrictions exist in regions without valid registration. This can create complications for large corporations whose products might be available in regions where they don't hold valid trademark registrations. In such cases, these companies may opt to forego using symbols alongside their trademarks.

In some cases and regions, the decision not to utilize the symbols you're entitled to might influence potential infringement actions and may limit the potential damages that can be claimed.

Your Trademark Registration Journey

Pinpointing potential new trademarks demands valuable time and resources, and when considering several possibilities, you want the most reliable solutions. Corsearch Screening helps eliminate any marks that may be unfit for full legal clearance.

™ or ®️? Whatever direction you choose for your marks, our trademark screening solutions can help get you started with your trademark registration process.

DISCLAIMERS:

*This is an informative opinion piece by the author. The views and opinions provided in this piece reflect those of the author and do not necessarily mirror the official policy or positions of Corsearch or its clientele.

*The above trademarks and logos are not affiliated with or owned by Corsearch, and are used for illustrative purposes only as public record from the respective Trademark Offices.

*The mentioned brands above are noted for factual reporting purposes only, and the listing of these brands does not imply any relationship with Corsearch or any of its related entities.