Very often, in most cases, above the logo itself, we see the designation ™ or ®. What does the placement of these symbols actually mean? The purpose of this article will be to provide more clarity on the difference between TM and R in trademark law.
What does the placement of the R symbol mean?
The designation ® comes from the word “Registered”, translated from English as “registered”. This means that the use of the Latin letter R, enclosed in a circle, indicates that the sign in question, near which this letter is enclosed, is a registered trademark. This is also supported at a legal level, as Article 19 of the Law on Marks and Geographical Indications states that “when using the trademark, the owner may indicate its registration by placing the Latin letter R, enclosed in a circle, near it.” A trademark owner according to this provision of the Law on Marks and Geographical Indications is a person who has a registered trademark. In this sense, the ® sign should only be used for signs that are registered as trademarks. Respectively, the owner of a registered trademark has an exclusive right to the sign, which includes the owner’s right to use the trademark, to dispose of it and to prohibit third parties without his consent from using in commercial activity any sign for goods and/or services that is: – identical to the trademark and is used for goods or services identical to those for which the trademark is registered; – identical or similar to the trademark and is used for goods or services identical to or similar to those for which the trademark is registered, if there is a likelihood of confusion on the part of consumers, which includes the possibility of associating the sign with the trademark; – identical or similar to the trademark, regardless of whether it is used for goods or services that are identical, similar or not to those for which the trademark is registered, if the trademark is well-known in the territory of the Republic of Bulgaria and the use without reason of the sign would take unfair advantage of the distinctive character or the repute of the trademark or would be detrimental to them.
What does the TM symbol mean?
The ™ symbol comes from the word “trade mark”, translated from English as “trademark”. The use of the TM symbol indicates that the sign in question, near which this symbol is enclosed, is not a registered trademark. Usually, no distinction is made between the TM and R symbols and very often, in practice, the element ® is enclosed near trademarks that are not registered. The opposite is also observed, near trademarks that are registered, the element TM is enclosed instead of ®.
Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about what does adding the TM and R symbols next to trademarks mean. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact the team of Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of trademarks as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP lawyer in Bulgaria Krasimira Kadieva assists in the transfer of trademarks by providing professional advice and preparation of all necessary documents.