Protecting your brand is more important than ever, especially in today’s competitive market. One of the key ways to safeguard your brand is by using the registered trademark symbol (®). This small but powerful symbol shows that your brand’s name, logo, or slogan is officially recognized and protected by law.
In this article, you'll discover:
What the ® symbol means and why it matters for your business.
The difference between ™, ℠, and ® symbols.
The legal requirements in the UK for using the ® symbol.
The potential risks and penalties of misusing the symbol.
So, let's get on with it.
What Is A Registered Trademark Symbol (®)?
The registered trademark symbol (®) is a legal declaration that your brand’s name, logo, or slogan is officially protected under trademark law. When you see the ® symbol next to a brand element, it means that the owner has gone through the formal process of registering the trademark with the relevant government authority, in this case, the UK Intellectual Property Office (IPO). This registration grants the owner exclusive rights to use that mark in connection with the goods or services listed in the registration.
Using the ® symbol correctly is crucial because it not only informs others that your trademark is protected but also deters potential infringers from using your mark. It signals that you are serious about your brand’s identity and that legal action could be taken against anyone who attempts to use your trademark without permission.
Differentiating between ™, ®, and ℠ trademark symbols
Trademark protection is represented by three symbols: ™, ®, and ℠, each indicating a different level of protection.
The ® symbol (Registered Trademark) signifies that a brand name or logo has been successfully registered as a trademark with the IPO.
The ™ (Trademark) symbol indicates a trademark that is not registered but is being claimed by a business. In the UK, having the ™ symbol grants some common law rights, but it doesn't prevent others from registering your business name as their own.
The ℠ (Service Mark) symbol is used specifically for services rather than goods. It is an unregistered symbol that shows you claim rights over a service-related mark.
If you own intellectual property, your target should always be getting the (®) trademark symbol if you want to take your brand to a new level. A registered trademark enhances brand credibility, deters others from using similar marks, and gives your brand a competitive edge in the marketplace.
Legal Requirements For Using The Registered Trademark Symbol
In the UK, the use of the registered trademark symbol (®) is strictly regulated. The symbol can only be used by entities that have registered their intellectual property (IP) with the United Kingdom Intellectual Property Office (UKIPO). If you haven't registered at all or your registration is still pending and you proceed to use it anyway, then you have violated the Trade Marks Act 1994. This can lead to legal consequences, including fines and other penalties.
To register a trademark in the UK, the United Kingdom Intellectual Property Office (UKIPO) offers both paper and online application options. Here are the steps to follow:
Step 1: Before you register, a good rule of thumb is to go through the UKIPO database to search for a trademark that hasn't been claimed by another person. Doing this will save you time, effort and money.
Step 2: The next step is to pay the registration fee (which varies depending on the number of classes you are registering) and also provide details about the mark and the goods or services it will represent.
Step 3: Wait patiently for the UKIPO to examine the application to ensure that the trademark meets all legal requirements.
Step 4: Once the trademark is registered (which takes about 3 months if there is no delay), you can now legally use the ® symbol alongside their brand name and logo.
It’s important to note that using the ® symbol without registration is considered misleading and can be seen as an attempt to deceive consumers or competitors. This misuse is taken seriously and can result in legal action, where the misuser may be required to pay damages or face other sanctions.
How And When To Use The Registered Trademark Symbol
The trademark symbol can be used immediately after the application has been approved. It should be noted that in the UK, no law mandates trademark owners to use or place the symbol after their brand name or logo; if you wish, you may keep it hidden. However, purposely hiding your registered trademark symbol might be as disingenuous as it can:
Give others the false impression that your brand is not officially protected, potentially leading to unauthorised use.
Weaken the legal protections your trademark provides.
If you choose to display your registration symbol, the symbol can be placed anywhere around the brand name. But customarily, the ® symbol is placed at the end of the brand name, either at the upper right (superscript) or lower right (subscript) corner.
For brand logos, the symbol can be placed at the lower right corner of the logo. Starbucks and McDonald's logos are a good example of this: their registered trademark symbol is placed at the bottom right corner.
The importance of good symbol placement can’t be overstated. Apart from the somewhat aesthetic beauty it adds to a logo or brand name, proper placement also ensures that people see the symbol clearly, ensuring that they don’t misuse or even imitate your brand.
Geographic limitations with the use of the registered trademark symbol.
If your trademark is registered in the UK, you can use the ® symbol in the UK but not in other countries where the trademark is not registered. If you operate in multiple countries, you will likely be mandated to register your trademark in each jurisdiction where you wish to use the registered trademark symbol.
(Check Section 13(1)(b) of the Trade Marks Act for more information regarding this ruling.)
Benefits of registering your trademark
Legal Protection
One of the biggest benefits of registering your trademark is the legal protection it grants. Once your trademark is registered with the UK Intellectual Property Office (IPO), you have the exclusive right to use it in connection with the products or services you've registered. This exclusivity is crucial, as it allows you to take legal action against anyone who tries to use a similar or identical mark without your permission.
Deterrent Against Infringement
Using the ® symbol alongside your registered trademark is a clear warning to others: your brand is protected by law. This symbol can deter potential infringers who might otherwise think about using your brand's name, logo, or slogan. The fear of legal consequences often makes competitors think twice before attempting to imitate or misuse your trademark.
Builds Brand Credibility
A registered trademark adds credibility to your brand. It shows customers, partners, and investors that your business is serious, established, and committed to protecting its identity. When people see the ® symbol, they know that your brand is not just another generic name but a legally recognized asset. This credibility can lead to increased customer trust and loyalty, which are essential for long-term business success.
Support in Legal Enforcement
If your trademark is infringed upon, having it registered makes it much easier to enforce your rights. Courts often give more weight to registered trademarks in disputes, simplifying the process of proving ownership and securing legal remedies.
Some Common Misconceptions And Pitfalls
When it comes to trademarking, there are several misconceptions that can lead to costly mistakes:
Misusing the ® Symbol
A mistake many people make is thinking they can use the ® symbol as soon as they’ve applied for a trademark. This isn’t true. You’re only allowed to use the ® symbol after your trademark is officially registered with the UK Intellectual Property Office (IPO). If you use it before then, you could be fined or face other penalties for misleading others about the status of your trademark.
Assuming A ™ Symbol Provides The Same Protection As ®
Another common misconception is that that the two trademark symbols ™ and ® provide the same level of protection, which is false. While the ® symbol indicates that a trademark has been registered, the ™ symbol does not indicate registration, hence they do not provide the same legal protections.
Once Registered, Your Registered Trademark Status Is Protected For Life.
This is yet another misconception that has been making the rounds. Trademarks in the UK are not indefinite; they must be renewed every ten years.
You Can Trademark Anything
No, there are limitations to what you can trademark. For example, generic terms that people use every day can not be trademarked.
Assuming UK Trademark Registration Covers Other Countries
Lastly, don’t fall into the trap of thinking that registering your trademark in the UK gives you protection worldwide. Trademark protection is only valid in the countries where you register it. So, if you’re planning to do business internationally, you should consider registering your trademark in each country where you operate.
Can I Use The ® Symbol If My Trademark Is Pending?
No! The ® symbol's legal use is dependent on whether your trademark application has been approved by the UKIPO. If you are caught using the symbol without your trademark being approved, you could:
face lawsuits
Get barred from registering another trademark
Incur financial penalties
Damage the reputation of your brand.
How Long Does Trademark Registration Last?
Trademark registration usually lasts for about three months, provided the UKIPO doesn't find any issues with whatever you are trying to trademark. Please note that your trademark is only valid for 10 years.
Do I Need To Register My Trademark In Multiple Countries?
If you operate in multiple countries, you would need to register your trademark in each jurisdiction where you conduct business. This ensures that your brand also gets legal protection in those regions.
Conclusion
The registered trademark symbol (®) is a vital tool for protecting your intellectual property in the UK. Using it correctly is essential to ensuring that your trademark is legally protected and that you can take action against any unauthorised use.
At Lawhive, we have a team of commercial solicitors who specialize in ensuring that your trademark is not just a symbol, but a shield protecting everything you’ve built. Whether you’re just starting the registration process or need to enforce your rights, our experts are ready to guide you every step of the way.
Get in touch with us today for a free case evaluation and a no-obligation quote.