What does a trade mark notice do?

It is not a legal requirement to use the ‘®’ symbol with a registered trade mark, it is however a criminal offence to use the ‘®’ symbol to falsely represent that a mark is a registered trade mark. It can therefore only be used in conjunction with a registered trade mark.  

The widely known ‘TM’ symbol does not have any legal significance, thus it may be used in conjunction with an unregistered mark, it does not prohibit someone else from registering the mark.

Using the ‘®’ symbol in conjunction with a registered trade mark can help to prevent infringement as it informs people to your intellectual property rights in the mark.

A trade mark notice as a minimum should include a few key pieces of information. First and foremost it should include the registered trade mark, with the ‘®’ symbol alongside.  It would be advisable to state that the mark is registered, possibly including the registration number, however this may not be practical if there are numerous registrations for the same mark. Including the registrants name would also be suggested.

As a third party may wish to contact the owner for a licensing request or permission to use the trade mark, a well drafted notice can be an easy way of identifying the owner.

A trade mark notice serves as a preventative method to protecting intellectual property rights. The use and placement of the notice is part of the intellectual property protection strategy. Therefore it is advisable to seek assistance from an intellectual property specialist when drafting a registered trade mark notice.

By Sam O'Toole