Signalling legal protection of your brand to the world begins with a simple trademark logo.
If your trademark is in the process of approval or has been successfully registered, you should begin to utilize trademark symbols to signal your newly protected mark.
Businesses new to the world of intellectual property may not be aware of the usage of trademark symbols and what they actually mean. In this article, we detail when, how and why trademark symbols can be the simplest and most effective way to indicate that your brand is your intellectual property.
Why Should I Use Trademark Symbols?
A company who has acquired intellectual property protection for their brand is not legally bounded to use trademark symbols. However, it is highly recommended for businesses to display the appropriate symbol next to your trademark to protect and enforce IP rights for your brand.
Using trademark symbols is the best way to tell the world that your IP is yours. Not only that, it also serves as a warning to competitors that you are serious about protecting your IP. Choosing to use trademark symbols is a proactive step to protect your brand.
While businesses may opt out of using symbols due to aesthetic reasons, we strongly suggest businesses to mark your brand with the correct symbol to deter potential trademark infringement and strengthen your position in any IP disputes or trademark misuse.
Which Trademark Symbol Should I Use?
Here’s a guide to help you choose the correct symbol for your IP (tip: it depends on it’s trademark registration status!)
™ (Trademark) Symbol
- Use if: Trademark is not yet registered or is still under review by MyIPO (Intellectual Property Corporation of Malaysia).
- Purpose: Signals that ownership of the mark is claimed, even though it has yet to receive official registration.
- Applicable to: Both goods and services.
- Note: Do not need legal permission to use the ™ symbol. However, it does not grant legal protection on its own.
® (Registered Trademark) Symbol
- Use if: Trademark has been officially registered with MyIPO.
- Purpose: Indicates legal ownership and serves as a warning that unauthorised use may result in legal action.
- Applicable to: Only the specific goods or services covered in the registered trademark.
- Important: Do not use the ® symbol if your trademark has not been registere which may lead to legal consequences.
SM (Service Mark) Symbol
- Use if: Offering services rather than physical goods and your mark is not yet registered or is pending registration.
- Purpose: Functions similarly to the ™ symbol, but specifically for services.
© (Copyright) Symbol
- Use for: Literary, artistic, and film works.
- Purpose: Indicates the work is protected by copyright law. However, the © symbol is not required to claim copyright protection as it is automatically granted.
℗ (Phonogram) Symbol
- Use for: Sound recordings.
- Purpose: Indicates copyright protection for audio works, such as music or podcasts.
While using trademark symbols is not mandatory, they play a crucial role in communicating the legal ownership of your brand and discouraging infringement from third parties. It is the simplest way to reinforce your brand protection strategy!
To learn more about trademark laws and intellectual property protection, connect with Quality Oracle.
