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Explanation of the difference in meaning between (R) and TM, and how to determine which to use.

Tim Murphy • Jan 28, 2022

Trademarks protect an owner's rights to their name or logo. The two most common forms of trademark protection are using TM and (R). TM stands for "trademark" while (R) stands for "registered." When you use TM, it means that your trademark is not registered yet, but you plan on registering it at a later date. Meanwhile, if you use (R) in front of your trademark, then it means that the trademark has already been registered with the appropriate authorities and should be used as a sign of legitimacy. Which one do you protect your company's trademarks with?

What Is a Trademark?

A trademark can be defined as a sign which is used to distinguish goods or services from those of the other undertakings. Trademarks are symbols or designs that are used to identify a product, service, or company. A trademark may be comprised of letters (including personal names), designs, numerals, shapes of goods, or their packaging. It is possible to register a trademark in respect of all types and nature of products and not only for specific categories such as textiles, cars, and foods.


What Are the Benefits of Having My Own Unique Logo?

If you have your own unique business logo, it will provide instant recognition and identity to your business products. This design is something that can be used on all your marketing material, including stationery, advertisements, signage, etc., so that customers immediately recognize that this product belongs to you. Having a personalized brand image will also differentiate you from your competitors, especially if they do not have one. When you have a logo, you will need to trademark it, and that is where TM and (R) comes into play.


What’s the Difference Between TM and (R)?

Using TM means that your trademark is not registered yet, but you plan on registering it at a later date. - R stands for "registered." When you protect with (R), the trademark has already been registered and should be used as a sign of legitimacy.

Another difference is that TM can be used for an unlimited number of products or services while (R) is only good for one category.
If I Protect My Trademarks Using TM, Does It Automatically Protect Me Under International Law?

No, protection via national laws such as USPTO only protects within each country, but there are other organizations that provide worldwide protections like WIPO. However, registering through these agencies can be quite expensive and time-consuming.


What Does Protect Mean?

It means protecting rights against infringers, or people who violate laws, rules, etc. protect can also refer to protect something from being harmed, damaged, exposed to danger, etc. protect is an action word, while protectors are nouns for objects which help prevent harm.


Why Does Protection With TM or (R) Matter?

It is important to stay protected since infringes or people who violate laws, rules, etc., can cause damage to your business's reputation. When registered, you can defend your business if someone tries to steal your trademarked name or logo.

Trademarks are important since consumers can buy poor-quality products from another manufacturer. Trademarks protect the commercial interests of a company through advertising services and goods.

Trademarks identify the origin of a specific product or service, which helps consumers make informed decisions. If the product tends to harm a consumer and it has a trademark, then the owner of the trademark is liable.


How to Register a Trademark?

The full process of registering a trademark is:

  • Filing for registration;
  • Examination and refusal to accept the application;
  • Appeal by applicant; and, if necessary,
  • Petition to the Commissioner of Patents by the applicant for review of action on appeal, followed by judicial review by civil courts.


What does it mean to file your trademark under "intent-to-use"? How soon do I need to file my trademark? You would file your trademark application under "intent-to-use" (ITU) when you don't have a product or service in hand yet but expect that you will be using the mark within six months filing date.


What Happens When You Do Not Use TM or (R)?

If you do not protect your trademark with TM or (R), then the future owner of that name can use it in a way that could cause confusion for consumers and damage your business's reputation.
In most countries, trademarks have to be registered. This means that if someone tries to steal your trademarked name or logo, you will not be able to protect yourself since there is no proof that the logo belongs only to you. You also cannot sue anyone who has violated laws regarding intellectual property rights without having registration papers on hand proving ownership of the trademark.


Common Mistakes

The common mistake done when using protect trademark like TM or (R) is to protect your trademark with TM when you should protect your trademark with (R) and vice versa. This can be confusing since both protect and (R) look similar.


About Us

Tim Murphy Law, LLC has been providing legal services to the Chicago metro area since 2003. We understand how tough it is to keep up with changing business climate in Illinois but also possess diverse skills and backgrounds necessary for handling both national and international complexities like corporate expansions or major civil litigation cases that could arise at any time. Our experience running a successful practice combined with our location near Mount Prospect make us well-positioned as one of your options when you need an attorney who can handle anything from small-business concerns all way up through high profile disputes involving large companies. Serving clients throughout Chicagoland's west side At TimMurphyLawL P., we've cultivated strong reputations over the years. Our address is 1749 West Golf Rd, Mount Prospect, IL 60056; your welcome.


Conclusion

Summing up, you should protect your trademark with (R) if you don't want others using it in a way that could cause confusion for consumers and damage your business's reputation. If you want to protect yourself when competitors try stealing customers by selling poor quality products under the same name as yours or logo, protect it with TM.

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