![]() *The above trademarks and logos are not affiliated with or owned by Corsearch, and are used for illustrative purposes only as public record from the respective Trademark Offices. The views and opinions expressed in this article are those of the author and do not necessarily represent official policy or positions of Corsearch or its clients. *This is an informational opinion article of the author. ™ or ®️? Whichever route you eventually decide to take with your marks you can get started on your road to trademark registration with our trademark screening solutions. Corsearch Screening makes it easy to knock out any marks unfit for full legal clearance. Narrowing down a list of potential new trademarks takes valuable time and resources, and when one or more candidates are under consideration, you need the most reliable options. In some cases and regions, electing to not utilize the symbols to which you are entitled can have an impact on potential actions for infringement and perhaps limit the damages to which you might be otherwise entitled to claim. In these cases, companies may elect not to use symbols alongside their trademarks. This can cause issues for very large corporations whose products may be available in regions in which they do not have a valid trademark registration. There are restrictions on use in regions where there is not a valid registration. Or, in other cases, they will use symbols in some cases or channels but not in others. One use case of symbol usage that is often confusing is the example of very large companies such as Google who own many registered trademarks but do not use the symbols to which they are entitled. What works best for your brand and what legal requirements your region may demand will need specific expert advice but the below points will hopefully provide you with some food for thought! Some of these considerations have legal implications and others will form part of your marketing or branding strategy. Or indeed to use it selectively in various ways through different channels and media. There are myriad considerations to bear in mind with each choice to use an appropriate symbol or not. There is no single right or wrong approach. While an unregistered brand name may have some value, it is not comparable with the asset potential of a registered brand. ![]() For potential investors, this can be a critical factor in the decision making process. It should also be borne in mind, that in the creation of a brand, you are creating an intangible but material asset of your company. ![]() This may serve, in some cases, to act as a deterrent to infringement. Use of the TM symbol in the case of unregistered marks can also signify to the public at large (and potential infringers) that you have the legalities of protecting your brand in mind. In this case, using the TM symbol alongside the brand over a period of time potentially allows you to illustrate that you have been using this brand as a trademark over an extended period of time - and it has become recognizable in the marketplace as serving as a distinct identifier for your business. For example, where your mark or brand is not registrable due to descriptiveness, consistent use of the brand can eventually lead you to acquire distinctiveness which might permit registration. Use of the TM symbol in cases where you don’t wish to or cannot obtain a registration can be a strategic decision. In ‘common law’ regions, you do absolutely enjoy some protections but those are not equal to the protections that you would enjoy as the owner of a registered trademark. In the first instance, where you are using a word, phrase, or logo as a trademark intending it to identify you or your company as the source of products or services, you have the option in many countries to do this without applying to register a trademark - known as ‘common law’ use. Perhaps that is true in some regions but not in all. Online you may see many discussions which tend towards thinking that the use of such symbols is irrelevant (and indeed the registration of a trademark at all) and has no impact on the level of protection you enjoy. The below should not be treated as an exhaustive list of considerations but rather as a small group of illustrations as to why that advice may be required. It is without doubt worth a small investment to discuss your particular circumstances with a trademark attorney. We have said it before but it is worth saying again - the area of trademark law is an immensely complex one with little things that you do or don’t do having a critical impact if things go wrong….and they do with appalling regularity.
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