We see them everywhere, on soft drinks and cereal boxes, in music videos and banking apps: ™, ®, © and more. But what are they, and what do they actually mean? Intellectual property (IP) symbols crop up so often in adverts and on packaging that most of us barely take notice of their legal significance. But if you’re a business, failing to understand their importance can be an expensive mistake or a humbling missed opportunity.
Picking the right IP symbol
Some of the most prominent IP symbols seen on products, company signage and on marketing materials include:
TM (TM) − The abbreviation for “trademark”. This form of IP indicates the commercial origin of a product. In other words, it tells consumers who has created it so they can make informed purchasing decisions and trust in the quality of what they are buying. A mark followed by the ™ symbol is generally not registered with a local IP office.
SM (SM) – The service mark may be less familiar but has the same function as a trademark ™. As the name suggests, it’s used in relation to services, such as banking or legal services, rather than products. It is also generally unregistered.
R (®) − This symbol is a notice that a trademark or service mark is registered with the relevant IP offices and benefits from solid legal protection.
C (©) – Indicates a claim of copyright. These IP rights protect the creators of artistic and expressive works, granting owners the exclusive opportunity to reproduce, display, distribute or modify their creations. Copyrights do not need to be registered, but can be. In most parts of the world, they expire 70 years after the artist or author dies.
P (℗) – Short for “phonogram”. This particular version of the copyright symbol is reserved for sound recordings.
Bear in mind that location matters. Some countries have their own versions of these symbols and abbreviations based on the same terminology in their local language. So while most countries recognise the ® symbol, the related ™ is less likely to be understood outside of the English-speaking world.
Because trademark law varies between jurisdictions, international businesses must stay up to speed on all regulations to safeguard their brands.
“These symbols are both used for startup trademarks and well-known brands. They pack a global punch when protecting your intellectual property. From the Nike swoosh to the golden arches of McDonald’s, trademarks transcend language barriers and instantly communicate brand recognition,” says Jan Wrede, director at IP law firm Dennemeyer & Associates Dubai.
What a difference a registration makes
The demand for registered trademarks is on the rise. In 2021, global filings for trademarks increased by 5.5%, driven by a “boom in entrepreneurial activity and venture capital deals prompted by the pandemic’s disruptions”, according to the World Intellectual Property Organization (WIPO).
Another reason is that an unregistered trademark or service mark enjoys minimal protection against infringement. If someone uses a similar or identical mark to your unregistered trademark, common-law provisions against unfair business practices might be able to help. In the end, unless your trademark qualifies as well known, it remains highly vulnerable without official registration.
“Having a registered trademark is like having a secret weapon for protecting your brand, giving you an edge over your competitors,” says Christophe van Zyl, managing director at Dennemeyer & Associates South Africa. “Without a registered trademark, anyone could use your company name, logo, or slogan without consequence. So, don’t skimp on trademark registration if you want to avoid legal battles and protect your business image.”
Submitting a trademark application to the governing authorities in every country or region you operate in is a massive step forward in safeguarding your goods, services and, ultimately, your brand. Getting this right is vital – IP specialists such as those at Dennemeyer can help individuals and companies secure the best possible global protection for their intangible assets.
“While it isn’t compulsory in some countries to use the ® symbol, failing to do so could leave you fighting an uphill struggle in an infringement lawsuit, especially for damages,” says Wrede. “What such symbols boil down to is proving who first started using what trademark, where and for what products or services.”
Keeping a good thing going
Unlike applying for a patent, which takes years, the trademark registration process is often measured in just a few months. During this time, an examiner will review your submission, looking for any reason why it should not be added to the register, such as: is it too similar to an existing mark for the same goods or services, is it generic, or does it use government or banned imagery? Also, offending public decency can be a reason for rejection.
After going through the full application process, paying the fees, and responding to any questions from the examiners, registered trademarks need to be renewed at 10-year intervals to keep them on the books. This serves a dual purpose: ensuring that IP registers are not clogged with obsolete marks that can stifle future business and funding the work of trademark offices themselves.
Here again, Dennemeyer helps its clients manage their IP portfolios. “IP management systems, such as our DIAMS product suite, act as a central hub for managing all types of intellectual property assets,” says Stephan Zimmer, managing director at Dennemeyer Software Solutions. “When you combine business-relevant data, like product profitability and competitive environment, with the ability to keep track of varying national regulations for filing and renewing, you are empowered to take control of your portfolio over the entire IP life cycle.”
Once your trademark has been registered with an IP office, you can reflect this status by using the much-coveted ® symbol; however, it is forbidden to claim that a mark is registered somewhere it is not.
Copyrights as far as the eye can ©
But there is more to the IP alphabet than trademarks. Scroll down to the bottom of your favourite website, and there’s a very good chance you will see a © symbol followed by the year and organisation name. This indicates the claim of copyrights for the published material, but it is not mandatory. Under the most recent version of the Berne Convention for the Protection of Literary and Artistic Works, in order to receive copyright automatically, the only thing a creator is required to do is create.
Though 181 countries and territories are party to the Berne Convention, it doesn’t standardise copyright law across the world. Instead, it sets an agreed minimum, and all members must provide the same level of protection to foreign works as their own citizens benefit from. Hence, a UK songwriter will receive the same protection against copyright infringement in the US courts as a US songwriter.
When someone ignores the warning signs
All IP rights are exclusive, which means IP owners can stop others from using their assets without permission and are empowered to take action against abuse.
If someone imitates your registered trademark to deceive your customers and lure them away, you can turn to experts such as those at Dennemeyer for legal advice. Your options include cease-and-desist letters sent by a trademark lawyer, mediation, and eventual lawsuits to receive injunctions ordered by judges and awards of monetary damages for lost revenue.
Understanding the intricate and complex rules and regulations of IP symbols is a tall order. Partnering with an IP service provider with a global presence and local knowledge can help you keep your intangible assets on the right track at home and abroad.
Intellectual property is the backbone of any successful enterprise. Contact Dennemeyer to help secure your ideas and innovations
