Although it is very common to see the ® symbol on advertising and marketing materials in everyday life, how many consumers know what it means? And how common is it for brands to misuse the ® symbol?

 The ® symbol

In the UK, you tin merely insert the small ® symbol after a mark if you have a fully registered trade mark with a certificate of registration and registration number. The UK Intellectual Property Office (UKIPO) will have a record of your trade marking, and declaring that it is registered is often regarded equally the best form of deterrent for infringement: by using the ® symbol once the marker is registered, yous can freely demonstrate to the market, and both your customers and competitors, that you take protected your brand and tertiary parties cannot use (or abuse) it.

Yet because information technology is a recognised deterrent, it can be tempting to add the ® symbol after a marking irrespective of whether it is registered or not. If a business concern or individual does non have a registered mark merely uses the ® symbol even so, then it is probable to be 'falsely representing…[a] merchandise mark as registered' under the legislation ,which is a criminal offence and punishable past way of a penalty fine of up to £one,000 for each instance of unlawful use. For a smaller concern or individual, particularly if there is an all-encompassing portfolio of unregistered marks using the ® sign, it is possible that such penalty could accept quite a significant impact.

Anyone concerned over the use of the ® symbol should comport out an audit of their trade marking portfolio to plant (i) which trade marks are registered and for which appurtenances/services; and (ii) which trade marks are non registered. Any marking which is unregistered must not utilise the ® symbol, just the brand owner should seek advice every bit to whether the marker is registerable so that, where advisable, they tin have steps to register it with the UKIPO and whatsoever other relevant trade marking office.

The process of registering a merchandise mark in the United kingdom of great britain and northern ireland usually only takes a few months (subject to whatever third party oppositions) and once registered, it is valid for an initial 10 years. Provided that the mark is used and all of the renewal fees are paid, a trade marking can exist protected past registration indefinitely.

The ™ sign

If a brand owner is unable, or chooses non to, register a trade mark, and then they may utilise the ™ sign instead every bit an indication to the public that certain common law rights are asserted over the marking. Whilst information technology does non guarantee protection, it may nevertheless act as some grade of deterrent to infringers (albeit not as much equally the ®). There is no U.k. legislation governing the utilize of ™, and so businesses and individuals can employ it freely without take chances of breaching the police.

However, as at that place may be additional rules effectually the use of the trade mark symbols in other jurisdictions, farther advice on a country-by-country basis should be sought. For example in the US, failure to use the ® symbol after a trade mark which is registered could pb to the loss of rights such as turn a profit recovery or amercement, when one enters an action confronting a trade mark infringer.

When considering any trade mark matters, taking a precautionary approach to the management of a portfolio may be the best way to avoid unintended (and possibly expensive) consequences, whilst maintaining protection of a brand. Just checking that the ® and ™ symbols are used correctly is an easy pace to apply your trade marks in accordance with the law.