™ (TM symbol) and ® (R symbol) are essential in helping businesses to safeguard their trademark rights. While we have very often seen these symbols on products, many remain uncertain about when each symbol should be used. Although both symbols enhance brand protection, each symbol serves different usage and purposes depending on the status of registration of trademark and may lead to legal implications in case of wrong usage. In this article, we will share about the correct usage of these symbols and the legal consequences for wrong usage.
TM Symbol
The TM Symbol generally refers to unregistered trademark. It indicates that the word, phrase, slogan, logo, or symbol is being used as a trademark and serves as a notice to the public that the owner is claiming rights over the trademark. The TM Symbol is often used by businesses that has just started using a trademark and have to obtained registration of the trademark or their trademark application is still undergoing the process of registration.
Example: A new business may place ™ next to its brand name or logo while its trademark application is pending approval. This gives notice of its ownership claim even before registration is obtained.
® (R) Symbol
The R Symbol refers to registered trademark. It can only be used when a trademark has been successfully registered and remains valid and subsisting. Registration grants the owner the exclusive right to use the trademark in respect of the goods or services for which it is registered. It is important to note that the R Symbol must only be used with trademarks that are officially registered. Pursuant to S. 104 of the Trademarks Act 2019, it is an offence to falsely represent a trademark as registered and shall be liable to a fine not exceeding ten thousand ringgit.
Conclusion
In summary, the TM Symbol can be used for unregistered or pending trademark as a way of giving notice of ownership to be public and the R Symbol is reserved exclusively for registered trademarks.
