Discussion in ' Legal Issues ' started by giorgioarmani , Apr 7, Log in or Sign up. Social Buttons. Digital Point. If I would want to protect a logo would I register it?
Anything published or not. R registered A trademark that has been registered with the proper trademark office for your state or federal agency. TM trade mark You are claiming a trademark on the name or phrase based on first use. In simple terms, it is the "common law" version of a trademark. Registered is better but this one is enforcable in a court of law. Queries such as whether you can use a particular mark and whether you need to file an application to register a trademark are common.
One area of confusion lies around the TM and R symbols, what they represent and why and when you should use them. As always, there are regional differences in legislation and practice on which specific advice should be sought. However, there are some generalities across most regions which can provide some basic information. The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service.
You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.
It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration. It is without doubt worth a small investment to discuss your particular circumstances with a trademark attorney.
The below should not be treated as an exhaustive list of considerations but rather as a small group of illustrations as to why that advice may be required:. Online you may see many discussions which tend towards thinking that the use of such symbols is irrelevant and indeed the registration of a trademark at all and has no impact on the level of protection you enjoy.
Perhaps that it is true in some regions but not in all. For example, where your mark or brand is not registrable due to descriptiveness, consistent use of the brand can eventually lead you to acquire distinctiveness which might permit registration. In this case, using the TM symbol alongside the brand over a period of time potentially allows you to illustrate that you have been using this brand as a trademark over an extended period of time and it has become recognisable in the marketplace as serving as a distinct identifier for your business.
Use of the TM symbol in the case of unregistered marks can also signify to the public at large and potential infringers that you have the legalities of protecting your brand in mind. This may serve, in some cases, to act as a deterrent to infringement. It should also be borne in mind, that in the creation of a brand, you are creating an intangible but material asset of your company.
For potential investors, this can be a critical factor in the decision making process. While an unregistered brand name may have some value, it is not comparable with the asset potential of a registered brand. There is no single right or wrong approach.
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