Trade mark symbols: An overview

There are several different types of symbols people use to indicate trade marks

This quick guide provides an outline to the different symbols, plus when and why they're used.

Words by Dr Martin Douglas Hendry

Introduction: Trade mark symbols

If you're a business owner or entrepreneur, it's important to understand the importance of trade mark symbols and how they can help protect your intellectual property. Some symbols legally require a registered trade mark to use, whereas others indicate that the company considers the brand asset a trade mark and is likely set to register it.

Notably, while it's possible to conduct a trade mark search or register a trade mark on your own, it's generally recommended to work with expert intellectual property (IP) lawyers who can help maximize upside and limit risk.

Here's what you need to know:

Types of trade mark symbols

There are several different trade mark symbols that companies may use to indicate their intellectual property. Each symbol has a specific meaning and purpose.

TM symbol

The TM symbol stands for "trade mark" and is used to indicate that a word, phrase, logo, or other design is being used as a trade mark, but has not yet been registered with the relevant trade mark office.

This symbol is commonly used by companies that are in the process of applying for a trade mark registration or that use their trade mark without registering it.

Example: A company that creates a new product and uses a distinctive name or logo on the packaging may use the TM symbol to indicate that the name or logo is intended to function as a trade mark, but the registration process is not yet complete.

Registered trade mark symbol (®)

The registered trade mark symbol is used to indicate that a trade mark has been registered with the relevant trade mark office.

This symbol can only be used for trade marks that have been officially registered, and it is technically an IP violation to denote an unregistered brand with the symbol.

Example: A company that has registered its logo with the relevant trade mark office may use the ® symbol on its website, social media pages, and other marketing materials to indicate that the logo is a registered trade mark – and notify others of the same.

Service mark symbol (SM)

The service mark symbol is used to indicate that a word, phrase, logo, or other design is being used as a service mark, which is a type of trade mark that is used to identify and distinguish the services of one company from those of another.

Example: A company that provides consulting services may use a distinctive name or logo to identify its services and use the SM symbol to indicate that the name or logo is being used as a service mark.

Other IP symbols and indications

In addition to the TM, ®, and SM symbols, there are other symbols that companies may use to indicate and willingness to enforce their IP, such as the copyright symbol (©) or the patent symbol (Patent Pending). These symbols are not specifically trade mark symbols but may be used in conjunction with trade mark symbols to indicate other types of intellectual property protection.

As above, indicating these are not necessarily required, but act to express ownership over the IP; and, implicitly, a willingness to enforce it should infringement occur.

Example: A company that has developed a new invention may use the patent symbol (Patent Pending) to indicate that a patent application has been filed, while also using the TM or ® symbol to indicate that a trade mark is being used to identify the product or brand associated with the invention.

Why are trade mark symbols important?

Crucially, the indication of trade marks using symbols in this way expresses to the public that these marks (whether logos, names, colours or otherwise) are considered trade marks and will be enforced as such.

Ultimately, denoting trade marks and other forms of IP in this way acts as a deterrent for would-be infringers, alongside strong enforcement of infringement as and when it occurs.

Trade mark search and registration

If you're interested in registering a trade mark or conducting a trade mark search, it's generally recommended to work with expert IP lawyers who can guide you through the process and help you avoid potential pitfalls. This is especially important if you're working on an international level, where the rules and regulations can vary widely depending on the country.

Working with expert IP lawyers can help you maximize upside and limit risk by:

Conducting a thorough trade mark search: A comprehensive trade mark search can help you avoid potential infringement issues and ensure that your trade mark is unique and defensible.
Registering your trade mark: A trade mark registration can help protect your intellectual property and give you exclusive rights to use your trade mark in connection with your products or services.
Enforcing your trade mark: If someone infringes on your trade mark, expert IP lawyers can help you take legal action to enforce your rights and protect your intellectual property.

Conclusion

In conclusion, trade mark symbols are an important tool for protecting your intellectual property and distinguishing your brand in the marketplace. While it's possible to conduct a trade mark search or register a trade mark on your own, working with expert IP lawyers can help you maximize upside, and limit risk.

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