The difference between the ® and ™ symbols following a brand name may seem small on paper. However, there is a broad legal difference between trademarks and registered trademarks.
2. The difference between the ® and ™ symbols following a
brand name may seem small on paper. However, there is
a broad legal difference between trademarks and
registered trademarks.
3. A trademark is any word, stylistic device, symbol, or
phrase that is intended to be identified uniquely with a
person or business. When someone creates such a word
or stylistic device, it automatically is “trademarked” or
given a measure of protection, and that person or
business can use the ™ symbol. However, problems arise
when creators need to prove that they developed the
symbol before a competitor.
4. In order to acquire additional protection, it is wise for
trademark creators to register their trademarks with the
United States Patent and Trademark Office. Beyond
allowing creators to use the ® symbol denoting
registration, registering a trademark provides greater
protection of the trademark as the creator’s exclusive
property as tied to that brand. Competitors performing a
trademark search will find that the trademark already is
owned. Registration also provides creators with greater
legal protection in trademark infringement proceedings
by establishing a firm date of registration.
5. Based in San Francisco, California, law firm Harvey
Siskind, LLP, provides services in trademark and
copyright law.