Enforcing your trademark

Posted by Jane on April 29, 2013 / Posted in Trade Marks
Enforcing your trade mark

Using the ® Symbol

You do not have to identify your trade mark as registered but you can use the ® symbol to show that your trade mark is registered, the mark can be registered somewhere other than in the United Kingdom.

The ® symbol usually is usually placed on the right-hand side of the trade mark, in a smaller type size than the mark itself, and in a raised (superscript) position; none of this is compulsory.

Is it illegal to use the ®?

You would break the law (Section 95 of the Trade Marks Act 1994) if you use the registered symbol ® on a mark that is not registered anywhere in the world.

Am I breaking the law by using “TM” on my trade mark?

No, as this does not indicate that your trade mark is actually registered, only that it is being used as a trade mark. The symbol ‘TM’ has no legal significance in the United Kingdom.

So registered= ® unregistered= tm

Jane Coyle
This entry was posted on April 29, 2013 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.