In a society where both new and long-standing brand names and products are available, consumers are accustomed to seeing the tiny symbols used in to the upper-right of a product name to indicate a protected name, logo, or tagline, and yet it can be unclear as to what each of the marks truly indicate.
® – The encircled R is reserved for those names, products, and taglines that have a bona fide Trademark Registration. While use of this symbol is not required by law, this symbol communicates to the public that the mark, and goods/services associated with it, are protected and that the owner has a legal foundation on which to bring a claim against infringers of the mark. Placing the circle R to the upper-right of a Trademark is a simple way of communicating to the public “Have Trademark, will sue”.
™ – While it is common to see this symbol, it is not restricted to use by owners of a registered Trademark. This symbol can be used without any federal registration, yet by the same token, the symbol indicates no federal legal protections to enforce against infringement. Those who might consider using this symbol may include applicants of a Trademark registration that is pending, and has not yet been approved.
© – This symbol does not apply to Trademark protection at all, but is instead used to indicate Copyright protection. Although not required to be shown on work titles, it is always a good idea to give notice that the work is under Copyright protection, and that the owner can take action against violations of the copyright.
Behrends Legal is ready to help you determine which mark you should be using with your work and your brand, and to file your Trademark Application to ensure your brand has all the rights it deserves!
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