Trademarks & Brand Protection

A trade mark is a distinctive identifier of a company or their goods and services. It can be, for example, a logo or word or combination of both that identifies the core goods or services as originating from that business. It distinguishes a ‘brand’ from competitors. Trade marks can include shapes, sounds, holograms, letters, and numbers.

Registering your trade mark creates a defined right in your brand, arising from a defined and is a business asset. It makes it easier to take action against third parties using the same or similar trade marks. It also means that your trade mark is on a searchable register, which could deter others from adapting something similar or identical. The defined right through registration creates clarity if the trade mark is to be sold, licenced or franchised.

It is possible to gain “unregistered rights” of a trade mark by using it over time. However, these take time to build up and are restricted to actual use, both on goods and services and geographically. You do not, therefore, have the benefit of a formal national registration, which can be filed for goods and services you also anticipate expanding into when seeking to prevent third parties from using your trade mark. Registration is, therefore, generally more straightforward and can save you money in the long run.

Ultimately, the jurisdictional positions regarding the use of TM and ® symbols differ from country to country. If you are considering trading across multiple countries, you must take care when and how these symbols are used, incorrect use can lead to legal liability. When in doubt, it is best to ensure first that you are sitting on the safe side of the fence.

TM symbol: Generally, the “™” means that the user is claiming rights to the brand without registering the mark. Or this can be used when the trade mark is not yet registered. The TM symbol has no legal significance in the UK. This means that there is no limitation as to when it can be used; the TM symbol can accompany any registered or unregistered mark.

® symbol: In contrast, the ® symbol can only be used by owners of a trade mark that has been registered in the UK. Notably, using the ® symbol or the word ‘registered’ to falsely indicate registration of a mark that is unregistered constitutes a criminal offence under section 95 of the Trade Marks Act 1994.

There is no legal requirement for a registered trade mark to be accompanied by a TM or ® symbol to indicate registration. A registered trade mark is due the same level of legal protection, regardless of whether the TM or ® symbol accompanies it