Clarity about symbols

The symbols "TM", "®" and "©" represent different types of intellectual property protection. The symbol "TM" stands for "Trademark" and is used to indicate that a trademark is claimed as such, even if it is not yet registered. The symbol "®" indicates a registered trademark and should only be used after official registration. The copyright symbol "©" is used to indicate the authorship of a work and to protect its exclusive use.

Mistakes in the use of these symbols are common in practice. Trademarks are often marked with "TM" or "®" without actual registration. The copyright symbol is also often used incorrectly or not at all, leading to uncertainty about authorship and rights of use.

The TM symbol and the associated trademark protection are interesting in that they are handled and understood differently from region to region and offer different possibilities.

TM stands for trademark. The TM symbol (often in superscript) is usually used in conjunction with an unregistered trademark - a term, slogan, logo or other distinctive sign - to alert potential infringers or imitators that rights to the trademark are claimed in connection with certain goods or services. It serves as a kind of warning to third parties that the trademark owner will enforce its rights in the mark. However, the use of the TM symbol does not guarantee that the owner's trademark is protected under trademark law. This is because the use of the TM symbol is not regulated by law and does not require official registration. Many companies use the TM symbol for new goods or services before and during the application process.

The owner can use the TM symbol regardless of whether the trade mark has been filed or registered. And even if the trademark application has been refused. Using the TM symbol can be a strategic choice in cases where you do not want to or cannot apply for registration anyway. For example, if your mark is not registrable because it is descriptive, consistent use of the mark may result in you acquiring distinctiveness that allows registration.

Identifying your mark as the source of goods or services without first applying for a trade mark is known as "common law" use. In common law territories you have some protection, but it is not the same as the protection you would have as the owner of a registered trade mark. The TM symbol is used mainly in Anglo-American jurisdictions.

The SM symbol stands for Service Mark and is rarely used. It performs the same function as the TM symbol and is therefore often replaced by the TM symbol.

The © is an abbreviation for copyright, used for works protected by copyright, and has nothing to do with a trademark. It is usually followed by the year of publication or creation and the name of the author. In EU countries (including UK), the "C" symbol is no longer required to protect your work, as it is automatically protected if it has been created (the onus is on you to prove it!). In the American legal area, the work should always be registered in order to be able to defend it, as it is not automatically protected.

The purpose of the copyright notice is to make it clear to the outside world that a work is protected by copyright, or that copyright claims are being asserted, and that unauthorised use is punishable by law. A copyright © is a self-declared right and must be proven by the rights holder in the event of a dispute or to enforce the right.

Copyright focuses on the copying or reproduction of a work, i.e. the commercial use of a work. It gives the right holder the right to exploit the work commercially, allowing others to use it in return for payment. The rights holder is not necessarily the creator (author) of the work, but often only the holder of the exploitation rights.

For the UK, you can follow these instructions➚, which also apply to the entire EU.

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