Trademark & Registered Trademark

[Naughty Vend]

What is the correct usage of the ® versus the ™ symbol.

I am guessing that the (TM) symbol is for common marking where your name is 'well known' but not actually a registered trademark and the (R) is for when it is registered, just that I think some of mine may be the wrong way round...

 

[Christine Hough]

You need to have a trade mark registered to use the R symbol.
I believe it is illegal to use the symbol if it is not.

I understand that a TM symbol just means you are using it as a trade mark. You do not need authorisation but it does not stop someone else also using it.

It can help to establish it is your trade mark if later you apply for a registration.

 

[webtappeti]

What is the correct usage of the ® versus the ™ symbol.

I am guessing that the (TM) symbol is for common marking where your name is 'well known' but not actually a registered trademark and the (R) is for when it is registered, just that I think some of mine may be the wrong way round...

Not sure it is the same in UK.
In Europe we use the TM symbol from the day the trademark is deposited and until the procedure has been completed and approved by the authority. Then ( and here it can take up to 2 years ..... ) we can legally use the (c) symbol, which stands for "copyrighted".....ysame as your "registered"
However, legallly, during the whole procedure the trademark is protected and nobody else can use it or apply for the same.

 

[Christine Hough]

I do not think this is the same as in the UK.

Anyone can use the c for copright for any work they originate. It is used for creative work such as artistic design, writing, composing music and that sort of thing.
The originator automatically has copyright whether or not it is cliamed with the c symbol. But it helps to keep your copyright if it is there. It does not stop someone else independently having the same idea if they did not copy from the holder. It can only go to another if there is an assignment signed by the copyright holder.

I cannot remember how long it took to register Hofnote as a trade mark, but it was more like 2 months than 2 years. ( I think possibly about 4 months? )

 

[Eagle]

My trademark took about eight months.

 

[VeryMark]

TM or TM in a circle or Trade Mark can be used by anybody but 'R' in a circle or 'Registered' or 'Registered Trade Mark' can only be used if you have trade mark registration for the goods/services/territory concerned.

'C' in a circle or 'Copyright' plus the year of first publication and the name of the copyright owner is the correct copyright notice (there is no registration in the UK) but it does not protect names, only longer literary, artistic or musical works - although this can be as simple as a set of product instructions or a business form.

Our website has plenty of free information on trade marks and copyright.