Decoding Trade Mark and Copyright Symbols

In the world of business, symbols play a crucial role in safeguarding rights, establishing brand identity, and conveying legal ownership. Whether you are a seasoned entrepreneur or a budding artist, understanding these symbols is essential. This article provides a top-level review of the ™, ®, and © symbols, demystifying their meanings within the context of UK law, and provides practical tips for usage.

1. Trade Mark Symbol ™

• Definition: The trade mark symbol ™ signifies that the name, logo, or mark adjacent to the symbol is important to someone and is considered to be their trade mark. 
• Legal Implications:  The ™ symbol has no formal legal significance in the UK, and therefore, the symbol may be used whether or not the mark has been formally registered. It can be a good first step in elevating a name from a mere word into a potential brand, perhaps during the very early stages when you are not yet fully committed to a particular name. Most people understand that the ™ symbol stands for “trade mark” and may start to treat the name with respect and not as public property in view of a lack of knowledge of the difference between the ™ and ® symbols.  The ™ symbol can be an effective “keep off the grass” sign. However, without formal registration, it is difficult to legally prevent someone from using a word marked with just the ™ symbol.
• Usage: It is recommended that the ™ symbol is used for any name that you consider to be a brand for your business, whether that is your company name, the name of a product or a service. 

2. Registered Symbol ®

• Definition: The ® symbol denotes a registered trade mark. It means the brand name or logo is officially registered at an Intellectual Property Office.
• Legal Implications: Unlike ™, the ® symbol packs a legal punch. It serves as a clear indication that your trade mark is fully registered and enjoys legal protection in a particular country, such as the UK.  By using the ® symbol once your mark is registered, you can freely demonstrate to the market, and both your customers and competitors, that you have protected your brand in that country, and third parties should not use (or abuse) it.  However, because it is a recognized deterrent, it can be tempting to add the ® symbol after a mark, irrespective of whether it is registered or not. If a business or individual does not have a registered mark but uses the ® symbol nonetheless, then it is likely to be ‘falsely representing… [a] trade mark as registered’ under the legislation, which is a criminal offense and punishable by way of a penalty fine.
• Usage: Trade mark registrations granted country by country and the ® symbol should only be used if a trade mark is registered in that country for the goods/services as registered. It is worth using the ® symbol with registered trade marks, even if this is not aesthetically pleasing to use with logos, as it may have a deterrent effect and increase the likelihood of damages in a successful infringement case. In addition, seeing the ® symbol inspires confidence in a brand’s authenticity and legal ownership.

3. Copyright Symbol ©

• Definition: The © symbol represents copyright protection for original “works” such as written articles, music, art, software, and more.
• Legal implications: Copyright is an automatic right that belongs to the person or company that originally created the work. It is not possible to register copyright in the UK, and instead, it is necessary to keep sufficient records to prove who created the work and when, if it becomes necessary to enforce the right against others.
• Usage: It is recommended to use a statement such as “© Stratagem IPM 2024” at the end of a work in order to publicly state your ownership. 

Practical Tips for Websites

Using the ™ and ® every time a brand name is used on a website can become distracting and fussy. It is, therefore, recommended to use the appropriate symbol the first time a brand name or logo is used on a page or in an article and then use either bold or italics to differentiate the name after that.  It is best to ensure that the brand name stands out from normal text to avoid any claim that the brand is being used descriptively or generically. There is also no need to use the symbols on correspondence such as headed paper, email footers or business cards.

As mentioned above, trade mark registrations are geographic in nature (i.e. limited to the specific countries where the mark is registered). By design, websites are multi-jurisdictional, and this can lead to difficult decisions about whether to use the ™ or ® symbol if, for example, your mark is registered in the UK, EU, and US only but the website is accessed in Canada. The cautious approach is to use the ™ symbol only until such point at the mark is registered in all the countries where the products/services are being marketed. However, this is not always a practical solution, and it would be best to discuss your particular circumstances and requirements with a trade mark attorney. 

For all enquiries or to get in touch with our Trade Mark department, please contact us at mail@stratagemipm.co.uk.