What is the trademark symbol and what does it mean?

Developing a new brand requires a lot of hard work.

Once you have an idea, name, logo and website, it is important to protect those assets.

But how do you communicate to the public that they are protected?

A trademark symbol can help.

This guide outlines different types of trademarks and explores the benefits of using trademark symbols.

Trademarks

A trademark is a sign that identifies your brand.

It can be a name, an image, a slogan, a colour or even a scent.

A trademark allows you to prevent others from using the same or similar sign for the same or similar goods or services.

It can also be a great marketing tool and a valuable asset if you ever need to sell your business.

It is a common misconception that a trademark is the same as a business name. Registering your business name is not the same as registering a trademark.

No one refers to Nike using their business name, Nike Incorporated.

It is their trademark, Nike, that acts as an important identifier.

Your trademark and business name can be the same.

However, to claim exclusive intellectual property (IP) rights, you must use your sign as a trademark.

Using a Trademark

To use your trademark, you must use your sign as a badge of origin.

It is not enough to have your name or logo on your website.

You need to specifically use your sign in connection with your goods and services.

It is also essential to use your trademark as a noun rather than an adjective.

If you use your sign for descriptive purposes as an adjective, it is unlikely to be used as a badge of origin.

For example, you don’t say “Kleenex your nose”, you use a Kleenex for your nose.

Types of Trademarks

There are two types of trademarks:

1. registered trademarks; and
2. unregistered trademarks.

Registered Trademarks

In Ireland, registered trademarks are those that you register through the Intellectual Property Office of Ireland (IPOI).

The application process may take several months.

Once registered, you have exclusive rights to use the mark for the goods and services under which it is registered.

Unregistered Trademarks

An unregistered mark is a mark that has developed such a reputation in the industry that it is recognised and distinguished from other brands.

If such a reputation is established, under common law, you can claim similar rights as though it is a registered trademark.

Communicating Your Rights Through a Trademark Symbol

Once you have a trademark and are using it, how do you communicate this to the public?

You can start by using your trademark on anything related to your business.

Use your trademark on your website, your packaging, in your email signature and on any marketing or other promotional material.

You should also communicate your rights by using the appropriate symbol next to your mark.

The Trademark Symbol: ™

The ™ symbol can indicate an unregistered trademark or that you have a pending application for a registered trademark.

Anyone can use the ™ symbol.

However, if you use the ™ symbol and someone challenges it, it may not be enforceable.

Rights of an unregistered trademark can be difficult to establish, especially if someone else has a similar registered trademark and demands that you stop using yours.

To protect and build your brand, you are better off registering your trademark with IPOI.

While waiting for the registration of your trademark, you should use the trademark symbol.

The Registered Trade Mark Symbol: ®

The ® symbol stands for registered.

Therefore, you can only use this symbol for registered trademarks.

Without a registration certificate from IPOI, you cannot legally use the ® symbol.

It is also important to note that you can only use the ® symbol alongside a trademark that is exactly the same as the mark on your certificate.