The trademark symbol and when to use it on your brand
For sure every day you will see a Trademark symbol, they are basically everywhere. We see them on products like Nike or Coca-Cola, we hear them when we see a movie and the MGM lion comes up, and even when we check out celebrities like Madonna. These brands that we just mentioned have certain features that are important in marketing and this is why there are protected under the trademark law.
A trademark symbol can be anything from a phrase, color, sound, or sometimes even a combination of all of them that helps people to identify a certain service or good. Many people want to understand how trademarks are being used and what types of symbols should be used for a specific goal.
If you made a logo that you want your business to be represented by this means that before you send the logo in the world you need to consider how to protect the design and all the business that is behind it. This means you will have to use correctly the trademark low. All the transition from concept to operation, from design to brand is always a crucial one.
If you trademarked your brand for sure you can use a trademark symbol going forward. The more challenging part is knowing when and how to use it because sometimes it can get confusing.
Key takeaways
- Trademarks are used to protect and connect words, slogans, images, and logos to their maker, preventing unauthorized use by others, and helping the public to recognize a company’s products.
- Using trademark symbols can serve as a legal announcement to others that a particular symbol cannot be used by them, and it may offer legal benefits in case of a potential infringement suit.
- The goal of a trademark is to protect a company’s brand identity in the marketplace and to prevent confusion among consumers, thereby safeguarding the business’s sales and customer trust.
- Trademark law is an area of intellectual property that prevents unauthorized use of distinctive words, names, symbols, or sounds, distinguishing it from other forms of intellectual property like patents and copyrights
What is a trademark?
A trademark protects a word, a slogan or image, and logo, or some combination of the two and it connects products with the maker of those products from being used by someone else.
The best way to think about it is to ask yourself how can the public recognize my company easily? Let’s look at an example of a trademark, Nike is a good one. When you see that mark on a pair of sneakers your mind instantly thinks about it being a Nike product.
If you don’t use in a smart way the symbol you might actually limit your ability to collect damages for trademark infringement. Even if this is more or less subjective, you can try this out and check the website of big brands like Microsoft or Nike, they don’t use anymore the trademark symbols they used to have not so long time ago.
Why Do Trademark Symbols Exist?
Trademark symbols help us to know that the mark that precedes a symbol is a trademark and can serve to announce to others that they can’t use that particular symbol. It can also offer benefits in any potential infringement suit. So, from a legal perspective, it can be of great help especially if you had similar situations in the past and your business is growing more and more.
What does a trademark protect?
The main goal of a trademark is to help you protect your business brand identity that goes into the marketplace. Let’s use Nike also in this example. The trademark of its curved line lets people know that the pair of shoes that they are going to buy was made by Nike.
If another company decides to sell shoes and has the same trademark symbol people for sure will think that those shoes are also made by Nike. If this happens Nike is going to lose money from the lost sales, and they will also lose the trust that customers have in this brand especially if similar shoes are inferior in terms of quality.
If we check the law, we will see that your tm symbol is infringed upon when another company’s brand elements are similar enough to confuse consumers. Companies need to stop using any kind of similar trademark symbol.
Trademark Law
If you were wondering what trademark law, you are now having the answer. It is a form of intellectual property that gives owners or inventors protection from unauthorized use. These three primary forms of intellectual property are patents, copyrights, and trademarks.
Patents protect the inventor’s creation and copyrights protect any kind of artistic work. Trademarks safeguard distinctive words, names, and symbols or sounds that have been used in commerce to distinguish goods and services.
Who owns the logo trademark?
If you want to own a trademark you can do that by using the actual trademark in commerce. Logo designers are not most of the time the ones that own the trademark. Most of the time the business owners that use the trademark symbol owns the trademark.
This is something that people usually get confused about and need to understand better in order to avoid situations like this. The trademark is always owned by the person or company that is in charge of the brand, that has more equity in the ownership. In some cases, this can be even attributed to certain lead members of a brand.
How to Insert a Trademark Symbol Correctly
If you want to display a symbol it is important to use the right one. No matter if it is a ™ or ®, you have to place it on your logo. Generally speaking, it is placed on the upper right-hand side of the name, word or logo. It is important to display the symbol next to the trademark all the time, so you make sure that any competitors see it.
Placement
The trademark symbol should be used as soon as you registered it. Usually, it is requested that the symbol should be added in the upper-right hand corner or in the lower right-hand corner. It depends on your own preferences and there is no relevant info that confirms that a certain position is better than the other one.
Frequency
You don’t have to use the trademark symbol every time. In a presentation, for example, it is enough to just use it on time in the first mention. When it is to many times repeated it can get cluttered and crowded. The trademark symbol should be something discreet that doesn’t stand out too many times because you take the risk of people not taking it seriously.
PrintMaterials
If you print out just 1-2 pages, then you should use the registered trademark symbol just one time.
When you have a longer material, you can use it once per page although there is no official rule that you should do this. Probably an easy way to do it is to put the mark in the header or footer if it is repeated.
Electronic Materials
When it comes to the digital aspect of using such material you should use it at least one time per web page.
Social Media
Guidelines for a trademark symbol that is going to be used on social media can be a lot more relaxed.
A lot of companies only use it in their bio or username of a social media account, and some don’t use it at all.
A big part of companies doesn’t use the tm sign in all of their blog post, status, tweets and so on because they think it can become too generic.
Third-Party Use
When you allow a third party to take advantage of your trademarks it is important to make sure your marks are being used with proper designations.
It is also recommended to check the licensee’s activities in order to guarantee that the products and services that are offered consist in the quality of your products or services.
When can a trademark be registered?
You can begin this process as soon as possible by submitting an intent-to-use application even before your business is ready to launch. It usually takes some time till the trademark symbol is registered so do it faster is going to help you more.
The Three symbols
We all know these symbols that are used with the mark ®, TM and SM. Any trademark registration in the United States Trademark Office will allow you to use the ® symbol. If your mark is not yet registered, you can use the TM or SM symbols. The difference between TM and SM is that TM can be used for both products and services while SM is used only for services.
Remember that only if you apply and obtain a trademark symbol you can start using it. The TM symbol can be considered a placeholder until you acquire a federal trademark registration.
The Trademark Symbol
This trademark symbol is used when you want to claim trademark rights for a logo, or slogan that is in connection with the sales activity of a product or service.
What does the symbol TM mean?
To answer this question and understand this trademark symbol we need to think of some common law rights.
A TM is used in connection with an unregistered mark that informs potential infringers that a slogan, logo or other symbols are being claimed as a trademark. This, however, doesn’t guarantee that your mark is going to be protected by the law. You can still use it even if the registration of the mark will be refused but as mentioned it will not do that much.
The Service Mark Symbol
You can compare it with the trademark symbol. Just take into account that this is used for a different purpose.
What does the symbol SM mean?
SM is quite similar to the TM symbol because it is used to provide a notice of claim for common-law rights that are used in a mark. However, if it is used in connection with a service mark like banking or legal services and not physical products.
The registered Trademark Symbol
If we talk about the trademark symbol ® you have to know that it denotes a federally registered trademark. Under federal low, nobody can use this kind of registered symbol if they haven’t acquired a federal trademark registration.
Only after you have been notified that your application has been approved and registered you can start using the trademark symbol. You can use ® only with the good and services that have been listed in the federal registration.
What does the ® mean?
This symbol is a way to prove ownership basically for the good or service you have as a company. It’s a form of legal ownership and showing the status of it by having this symbol connected.
The Difference between Trademarks and Copyrights
This is an important subject and let’s say for example that if you copyright your logo or name without a trademark you will not be fully protected from infringement. What copyrights do is that you secure your rights to it because you are the entity that created it and it is your intellectual property. However, a trademark can protect both the name and the logo when somebody wants to use them for their own purpose.
Copyright usually protects artistic work so there are quite a few reasons why having a trademark symbol that is registered is important for your company and intellectual property.
Choosing the Right Symbol – TM, SM, or ®?
TM
The TM symbol is used for common law marks and it focuses on goods or services that are not yet registered.
SM
The SM symbol is used more for common law trademarks that represent services. It’s not that popular but can still be used in a similar manner to the TM symbol.
® symbol
The ® symbol can be used for marks registered with the USPTO and this symbol can only be used when federal registration is granted.
The Logo and Trademark symbol
When does a logo become a trademark?
A trademark symbol can become a trademark if it can be recognized easily. Logos are a good example when they appear on the packaging or the product itself and people start to recognize the company that is behind that particular logo you know that it is a trademark.
Difference Between a Logo & Trademark
The difference between a trademark symbol that is made out of slogans, designs, logos, and so on and a physical mark that can be a sign, symbol, or word is that a trademark needs to be unique. It has to be specifically associated with the goods or services that a company can offer in commercial trade.
One type of trademark includes the company logo, a logo can qualify as a trademark if it meets the minimum requirements that are requested. A tm logo needs to be unique and usually, the strong ones become trademarks in our society.
The choice of a symbol can influence brand perception, and consistency across platforms is crucial for a cohesive brand image. Consideration of industry standards and planning for future growth is advised. Additionally, caution is recommended when using generic terms as trademarks, as opting for distinctive symbols strengthens legal standing and brand recognition.
What do you gain by registering your logo as a trademark?
In the US you get a lot of advantages if you have your trademark registered especially when you put it into commercial use. This means that as fast as you begin to advertise your product your logo is trademarked in the face of the law.
This legal protection extends nationally and, through international treaties, potentially globally. A registered trademark is considered a deterrent to potential infringers and provides a legal foundation for enforcement. It confirms ownership, enabling licensing and control over your brand. This credibility and trustworthiness built around a registered trademark contribute to consumer trust and retention.
Furthermore, seeking statutory damages and attorney’s fees in case of infringement adds a legal edge. The renewable nature of trademark protection allows for indefinite coverage, ensuring long-term brand safeguarding. A registered trademark protects against online threats such as domain hijacking and cybersquatting in the digital landscape.
How do You Protect a Trademark?
When you want to register a trademark symbol there are more than 40 different classification categories of goods and services that you need to deal with if you want to go to the end of the process of registering a trademark.
Choosing the correct and proper classification is important and you might consider working with an IP attorney. This is because you will find a lot of sensitive information that you can’t be sure of and the idea behind can mislead you sometimes. Having an IP attorney will help you a lot in making the classification that makes the most sense for you now and in any future situations.
In any situation is better to have an expert by your side especially when we talk about trademark registration.
Why wouldn’t you register your logo as a trademark?
For sure there are also a lot of reasons why not going for trademark registration can be an option for you depending on your situation:
– You don’t know exactly how long your business is going to last. When you apply to a trademark registration it takes at least 9 months to complete the process. You also need to pay some fees that are not cheap and if you don’t have any guidance you can lose the money already from the start.
– The trademark symbol that you want to use might change in a few years. Take into account that only the exact version that is registered will be legally protected. Actually, if you make changes you will weaken the registered trademark rights. The main idea is that if you don’t plan to continue using your logo then you probably shouldn’t be registering.
– Maybe your logo is already similar to another one that exists in another country. If you just focus on your local area, then the state registration or law should be enough of a protection for you.
FAQ about the trademark symbol
What is the trademark symbol and its purpose?
Well, the trademark symbol is this little guy: ™. It’s used to indicate that a word, phrase, or logo is being claimed as a trademark by the owner. By using the ™ symbol, the owner is basically saying, “Hey, this is mine, and I want to protect it!” It’s a way to let the public know about your claim, even if the trademark isn’t officially registered yet.
How do I use the trademark symbol correctly?
To use the trademark symbol correctly, just place it right after the trademarked word, phrase, or logo in superscript. For example, if your brand name is “SuperWidgets,” you’d write it like this: SuperWidgets™. Remember, you can use the ™ symbol even if your trademark isn’t registered, but if it is, you should use the ® symbol instead.
When should I use the trademark symbol?
You can use the ™ symbol whenever you want to show that you’re claiming a trademark for a word, phrase, or logo. It’s a good idea to use it on your website, marketing materials, and product packaging to let people know you’re serious about protecting your brand. But keep in mind, the ™ symbol doesn’t give you any legal rights – it’s just a way to stake your claim.
What’s the difference between ™ and ®?
Good question! The ™ symbol indicates an unregistered trademark, while the ® symbol is used for registered trademarks. The ® symbol means that the trademark has been officially registered with the government, and the owner has legal rights to it. The ™ symbol, on the other hand, is more of an informal way to show that you’re claiming a trademark – but it doesn’t grant you any legal protection.
Can I use the ® symbol if my trademark isn’t registered?
Nope, you can’t. The ® symbol is reserved for trademarks that have been officially registered with the government. If you use the ® symbol without actually having a registered trademark, you could get into legal trouble. So, if your trademark isn’t registered, just stick with the ™ symbol.
How do I register a trademark?
Registering a trademark can be a bit of a process, but it’s worth it to protect your brand. First, you’ll need to search the trademark database to make sure your trademark is unique and not already taken. Then, you’ll have to file an application with the appropriate government office, like the USPTO in the United States. There’s usually a fee involved, and you might have to wait a while for your application to be processed. But once it’s approved, you’ll have the legal rights to your trademark!
Do I have to register my trademark to use the ™ symbol?
No, you don’t have to register your trademark to use the ™ symbol. In fact, that’s one of the benefits of the ™ symbol – it lets you show that you’re claiming a trademark before you go through the registration process. However, remember that the ™ symbol doesn’t give you any legal rights – so if you want more protection, you’ll need to register your trademark.
What are the benefits of registering my trademark?
There are several benefits to registering your trademark. For one, it gives you exclusive rights to use the trademark in connection with your goods or services. This means that no one else can use a similar mark without your permission. It also makes it easier to enforce your trademark rights in court if someone infringes on your mark. Plus, having a registered trademark can be a valuable asset if you ever decide to sell your business.
Can I use the ™ symbol internationally?
The ™ symbol is recognized in many countries, but its legal significance can vary depending on where you are. While using the ™ symbol can help establish your claim to a trademark, it’s important to note that trademark laws differ from country to country. If you want to protect your trademark in multiple countries, you’ll likely need to register it separately in each jurisdiction. So, while the ™ symbol can be a useful tool, don’t rely on it alone for international protection.
What happens if someone else uses my trademark without permission?
If someone uses your trademark without permission, it’s considered infringement. If your trademark is registered, you’ll have legal rights to take action against the infringer, which can include filing a lawsuit and seeking monetary damages. If your trademark isn’t registered and you’re only using the ™ symbol, your options for enforcement may be more limited. However, you can still try to resolve the issue by contacting the infringer directly, or by getting a lawyer involved if necessary.
Do trademarks have expiry?
Trademarks have no expiry date, but their validity relies on active use and proper maintenance. Registration requires periodic renewal and adherence to specific rules set by authorities. Failure to comply can lead to cancellation. Trademark owners must stay informed and follow regulations in their jurisdictions.
Ending thoughts
When choosing a trademark symbol, you really need to be sure that you understood the full process behind it because it is quite complex, and you don’t want to run into problems when you are doing it. If you want to go big with your business in your local area or internationally it is important to consider the idea of having your own registered trademark.
By doing so you increase your brand protection and it is also going to be a cool way of differentiating yourself from your competitors. In the end, a trademark symbol is going to be a big plus especially if you want to play the long game or you are already an old brand that has grown a lot.
If you enjoyed reading this article about the trademark symbol, you should read these as well:
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- Logo Design Cost: A look at the logo design prices
- Logo colors and why they’re important
- Types of logos that you should master as a graphic designer
- Logo presentation: How to show the logo to your clients
Bogdan Sandu, a seasoned designer with 15 years of diverse experience, has been designing websites since 2008.
Renowned for his expertise in logo design and visual branding, Bogdan has developed a multitude of logos for various clients.
His skills extend to creating posters, vector illustrations, business cards, and brochures. Additionally, Bogdan's UI kits were featured on marketplaces like Visual Hierarchy and UI8.
Renowned for his expertise in logo design and visual branding, Bogdan has developed a multitude of logos for various clients.
His skills extend to creating posters, vector illustrations, business cards, and brochures. Additionally, Bogdan's UI kits were featured on marketplaces like Visual Hierarchy and UI8.
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