Protecting Your Intellectual Property Rights
Introduction
Trademarks are essential for protecting a brand’s identity and ensuring that consumers can distinguish between different products and services. However, understanding when to use the TM (™) symbol and when to use the registered trademark symbol (®) is crucial for proper trademark usage. This article explains the differences between these symbols and provides guidance on their use in packaging and advertising.
TM (™) Symbol
Purpose: The TM symbol indicates that a term, phrase, logo, or symbol is being used as a trademark. It signifies that the user claims rights to the mark, even if it is not registered with the relevant trademark authority.
Usage: You can use the TM symbol at any time, regardless of whether you have applied for or received trademark registration. It is commonly used during the application process or when the mark is protected under common law.
When to Use TM
Unregistered Marks: Use the TM symbol for marks that are not yet registered but are being used in commerce. This includes marks that are in the process of registration or those protected by common law rights.
Pending Registration: If you have applied for trademark registration but have not yet received approval, continue to use the TM symbol.
Generic and Descriptive Marks: Use the TM symbol for marks that may not qualify for registration due to their generic or descriptive nature.
® Symbol
Purpose: The ® symbol indicates that a trademark is officially registered with the relevant trademark authority.
Usage: You can only use the ® symbol after your trademark has been officially registered. Using this symbol without registration can lead to legal penalties for false claims.
When to Use ®
Registered Marks: Use the ® symbol only after your trademark has been officially registered with the relevant trademark authority.
Packaging and Advertising: Ensure that the ® symbol is prominently displayed on product packaging, labels, and advertising materials to indicate that the mark is registered and legally protected.
Legal Protection: Using the ® symbol provides stronger legal protection and can deter potential infringers by signaling that the mark is officially registered.
Guidelines for Packaging and Advertising
Clearance: Before proceeding with the registration and use of a trademark, it is crucial to conduct a thorough search to ensure there are no existing infringements. This preliminary step helps identify potential conflicts with registered trademarks and assesses whether the proposed mark is clear for use. By performing this due diligence, businesses can mitigate legal risks and make informed decisions, ultimately safeguarding their brand investments in the competitive marketplace
Consistency: Ensure consistent use of the TM or ® symbol across all packaging and advertising materials. This helps reinforce the trademark’s status and provides clear notice to consumers and competitors.
Placement: Place the TM or ® symbol immediately after the trademarked term, phrase, or logo. This placement ensures that the symbol is clearly associated with the mark.
Visibility: Make sure the symbol is visible and legible on all materials. It should be large enough to be noticed but not so large that it overshadows the trademark itself.
Conclusion
Understanding when to use the TM and ® symbols is essential for proper trademark usage and protection. The TM symbol can be used for unregistered marks or those pending registration, while the ® symbol is reserved for officially registered trademarks. Proper use of these symbols on packaging and advertising materials helps protect your brand and provides clear notice of your trademark rights.
For expert assistance with your trademark needs, contact ParaMarkPro today at 438.596.2107 or visit our website at www.paramarkpro.com. We’re here to help you protect your brand!
