As you embark on your journey as an entrepreneur, you may be reading up on all the things you have to take care of before you can actually open for business. Understandably, you may have certain products or intellectual property you want to protect, so you’ve looked into possible legal routes.
Two symbols you’ve seen are TM and R, which are both used to indicate intellectual property rights. However, they have distinct meanings and legal implications.
So what do you have to know about TM vs R? Which one should you pursue? Read on to find out.
What Does TM Mean?
“TM” stands for “trademark” and is something that identifies and distinguishes a product or service from others in the marketplace. It can be a:
- Symbol
- Word
- Phrase
- Design
- Combination of the above
This symbol is used to indicate that a business considers a particular name, logan, or slogan as its trademark. Do note that even if it’s not officially registered, it can still be trademarked, which makes it an unregistered trademark.
Using the “TM” symbol signals to the public that the owner claims their rights over the mark, which discourages others from using it. However, this only gives you limited legal protection. You won’t receive the full legal benefits of a registered trademark, although it may still offer some common law protections based on usage in commerce.
This means that “TM” is commonly used for early branding. Businesses will often use it before completing the formal registration process.
On that note, if you haven’t even started your company yet, then use our free business registration service. We can take care of all the paperwork and even get it filed within two working days if you want to be up and running as soon as possible.
What Does the R Mean on a Logo?
An “R” stands for “registered trademark” and indicates that the trademark has been officially registered with a government trademark office. For instance, the owner may have registered their trademark with the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO).
Naturally, the “R” trademark symbol provides stronger legal protects under federal law. You’ll have exclusive rights to use the mark for specific goods or services. Should someone commit trademark infringement, then you’ll have legal standing to sue them.
Typically, registration offers protection in the country where it was registered. However, you can get international trademarks through agreements like the Madrid System.
You should know that it’s illegal to use the “R” symbol if you haven’t officially registered the trademark. Misuse can result in fines or penalties, a loss of credibility, and even lawsuits from competitors or authorities.
The Difference Between TM and R
The main difference between TM and R is that the former isn’t registered while the latter is. As a result, you have limited (common law) protection with a TM while you have strong legal protection with an R.
The legal protect with an R also means that there’s a narrower scope of usage; it’s only for registered trademarks. Whereas with a TM, you can use it freely. Therefore, it’s harder to enforce a TM in court.
Speaking of court, you can theoretically send cease-and-desist letters for TMs. However they have limited power in legal disputes. On the other hand, with Rs, you can sue for damages, stop infrining use, and enforce brand rights.
The main advantage of TMs is that they’re free to use and there’s no registration cost. If you want to pursue an R, there are application fees and a lengthy approval process.
When to Use TM vs R
The above information may have given you some food for thought, but you still might be unclear about when to use TM or R. Here’s a quick breakdown.
When to Use TM:
- You have a brand name, logo, or slogan you want to claim, but you haven’t registered it yet
- You’re in the process of applying for trademark registration
- You don’t want to formally register but still want to have ownership rights
When to Use R:
- Your trademark is officially registered with a trademark office
- You want to prevent infringement with stronger legal backing
- You’re marketing products/services in multiple locations and want maximum protection
How to Register a Trademark and Get the R Symbol
After weighing things up, do you want to register a trademark? Then here are the steps to take:
- Conduct a trademark search
- Decide on the trademark class
- Prepare your application
- File your trademark application
- Monitor the application process
- Receive trademark approval
Approval can take six months to two years (depending on the jurisdiction), so start the application process ASAP. For more details, see our post on how to trademark a logo.
Know the Differences for TM vs R
On the TM vs R topic, both are technically trademarks. However, the main difference is that an R is registered and legally binding, while a TM isn’t. Because of that, an R comes with many benefits and securities that a TM doesn’t have.
Yes, the application process may be lengthy for an R, but the good news is that you can use a TM while waiting for your application approval. This means that you can take advantage of both types of trademarks and get the maximum protection possible for your brand.
Sign up with Business Anywhere today to use our free registration service. You can also get a virtual mailbox for as low as $20 per month!
