It is essential that you attach the right trade mark symbol to your trade mark, otherwise you may end up on the receiving end of some legal action.

Many people are so used to seeing trade mark symbols but are not aware what they are or what they mean.

® 

This sign is to indicate that a trade mark has been successfully registered in the UK. There is no set position in which you should attach this to your mark but the general position is at the top to the right of the mark. It is very important that you do not display this symbol if your trade mark is not successfully registered as this is an offence under section 95 Trade Marks Act 1994.

Please contact The Trademarkroom if you are unsure whether you are able to use this sign.

TM

This sign does not indicate that a mark is registered as a trade mark and therefore has no legal influence. However, if you are using a brand name or logo to represent your business, if you attach this sign, it will indicate to others that you are aware of your unregistered rights in relation to the name and are serious about protecting your brand.

The Trademarkroom would always recommend registering your brand name, logo or slogan to ensure you have the protection to take action against third parties, but if your brand name is not suitable for registration, attach the ‘TM’ sign to make it known you are willing to protect your brand.

For any trade mark questions or further information, contact The Trademarkroom team.

By Ellis Sweetenham