Trade mark symbols: What trade mark symbol can I use and when? 

Trade mark symbols play a crucial role in safeguarding the identity and exclusivity of a company's products or services. In this article, our trade mark solicitors discuss the conditions that govern the use of trade mark symbols and how and when they should be employed.  

What are the different types of trade mark symbols? 

There are two symbols that you can use to indicate that you are using your name or image as a trade mark. These are the tm and ® symbols. 

What does the ™ trade mark symbol mean? 

The tm symbol stands for trade mark and indicates that the mark is unregistered but is being used as a trade mark by the business.  

What does the ® trade mark symbol mean? 

The ® symbol means that the trade mark is registered in the territory in which it is being used. If you cannot use the ® symbol for any reason, you can use the letters RTM to denote a registered trade mark.  

When should I use the ™ symbol? 

You should use the tm symbol when you use a trade mark for your goods or services that you have not yet registered or have not been able to register. You may have a pending trade mark registration application that is currently being examined or is in the opposition process. Or, your trade mark may have been deemed to be too descriptive or not distinctive enough to be registered as a trade mark.  

When should I use the ® symbol? 

You can use the ® symbol once your mark has been registered and you have received a registration certificate from the Intellectual Property Office (IPO). You should only use the ® symbol next to your mark for the goods and services for which the mark is registered. If you offer any additional goods or services, you may need to develop different packaging or marketing materials for those goods or services, that do not include the ® symbol. You will also need to make sure that you do not alter your registered name or logo so that its use is distinct from the form in which it is registered.  

What are the benefits of using the registered trade mark symbol? 

The registered trade mark symbol informs third parties that your trade mark is registered and is the property of your business. This can deter a third party from using the same or a similar mark as you since you may be able to bring trade mark infringement proceedings against them. It can also improve the status of your business and brand and show to others that you value your brand and are taking active steps to protect it. This will be appealing to investors and potential business collaborators.  

For trade marks that become very well-known and used, there is a risk that they may become generic and lose their registered trade mark status. Use of the registered trade mark symbol can help to educate the public that the mark is exclusively connected to your particular business and that you are taking steps to use and protect it as a trade mark.  

Can I use the trade mark symbols internationally? 

You should take particular care when using your mark abroad as it may not be registered in a particular territory. False or misleading use of the symbol can lead to claims of unfair competition in some countries, such as members of the EU. It is also a criminal offence in some countries, including the UK, to use the registered trade mark symbol when the mark is not registered. If you are exporting certain products, you may need to change the packaging for certain countries to remove the ® symbol.  

How do I display trade mark symbols correctly? 

The symbols should be placed in the top right corner of the last word of the trade mark, or the top right hand corner of a logo mark. If you are using a registered trade mark in combination with unregistered images or device elements, or another unregistered trade mark, you will need to ensure that the registered trade mark symbol is placed directly next to the registered part of the word or image only and not after the combination as a whole, as the latter could give a false impression that all the elements are registered.   

What are the consequences of misusing trade mark symbols? 

It is a criminal offence in the UK to use the registered ® symbol for a trade mark that is not registered.  

If you are unsure whether you will be using your trade mark in a territory in which it is not registered, you can use the tm symbol since this can be used for both registered and unregistered trade marks.  

You may also be liable for making unjustified threats of trade mark infringement, if you try to enforce your marks against a third party on grounds of infringement, when your trade marks are not registered yet or are not registered for the goods or services for which you are trying to enforce them.  

In some countries, false or misleading use of a trade mark symbol could constitute unfair competition.  

Summary 

Use of trade mark symbols inform others of the status of your trade mark. If you are in doubt as to which symbol you should use in a certain scenario, you can ask a trade mark attorney or solicitor for advice.