Introduction to the TM Symbol
Hello there, ever noticed a tiny ‘TM’ placed next to a brand name or logo? Wondered what it signifies? Well, it’s time to satisfy your curiosity. This comprehensive guide will take you through the world of the TM symbol, elucidating its history, significance, use, and legal implications. So, sit back, grab a cuppa and let’s delve in.
The History of the TM Symbol
The TM symbol, familiar to many, has its roots planted deeply in the past. Its story began in the United States during the late 1940s. The symbol was introduced as a means for businesses to indicate that a particular word, phrase, or logo was intended to function as a trademark. While its use has now spread globally, its purpose remains the same – to signify the assertion of trademark rights.
The Significance of the TM Symbol
So, why is the TM symbol important? In essence, the TM, short for TradeMark, is a potent tool for businesses. It serves as a public notification about a company’s claim of ownership over a specific brand name or logo. Even though it might seem like a small symbol, it carries weighty implications. By using the TM symbol, businesses can inform the public, and more importantly, their competitors, that they are claiming this mark as their own.
Utilising the TM Symbol
You might now be wondering, “When and where should I use the TM symbol?” Let’s break it down.
When to Use the TM Symbol
This symbol can be utilised whenever a business wishes to claim a particular trademark, even if the mark is not officially registered. It is not exclusive to products; it can be used for services as well, making it versatile.
Where to Place the TM Symbol
The placement of the TM symbol is also crucial. As a general rule, the symbol is usually positioned in the top right corner of a logo or name. However, it can be placed wherever it is most visible and does not disrupt the overall design.
Legal Implications of the TM Symbol
Now, you might be asking yourself, “What legal protection does the TM symbol provide?”
Rights Granted by TM Symbol
The TM symbol, despite its simplicity, grants certain rights. By using it, you proclaim that you are claiming rights to the trademark. This proclamation can offer legal protection even in the absence of official registration.
Limitations of the TM Symbol
That said, the TM symbol does not provide absolute legal coverage. While it is an assertion of a claim, it does not equate to a governmentally acknowledged registered trademark. Therefore, its protection is limited and is primarily a deterrent to potential infringers.
How to Create the TM Symbol
The practical bit – how do you actually create the TM symbol?
On Windows
For those of you using Windows, you can easily create the TM symbol by holding down the ‘Alt’ key and typing ‘0153’. When you release the ‘Alt’ key, the TM symbol appears.
On Mac
Mac users, don’t fret! You can create the symbol by pressing ‘Option’ and ‘2’ simultaneously.
On Mobile Devices
For those of you reading this on your mobile device, you too can create the TM symbol. It is usually located in the symbol section of your device’s keyboard.
TM Symbol Vs Registered Symbol (®)
Now that we’ve covered the basics of the TM symbol, it’s worth comparing it with another common symbol, the registered symbol (®).
The critical difference between the TM symbol and the registered symbol (®) is the level of legal protection they each provide. While the TM symbol can be used by anyone claiming rights over a mark, the ® symbol can only be used once the trademark has been officially registered with a national trademark office.
A registered trademark offers a higher level of protection and serves as a clear warning to potential infringers that the mark is legally protected. It is this legal registration that differentiates the two symbols.
Conclusion
And there you have it, a comprehensive guide to the TM symbol. Understanding and properly using the TM symbol is an essential element of branding and trademark protection. It may seem like a small detail, but it can have a significant impact on how your brand is perceived and how well it is protected.
We hope this guide has shed some light on this powerful symbol and how it can be used to protect and assert your trademark rights.
FAQs
Q1: Can I use the TM symbol even if my trademark is not officially registered?
Absolutely, you can! The TM symbol is used to assert rights over a trademark, regardless of whether it’s officially registered.
Q2: Does using the TM symbol give me full legal protection over my trademark?
Not entirely. The TM symbol can act as a deterrent to potential infringers, but it doesn’t offer the same level of legal protection as an officially registered trademark.
Q3: Where exactly should I place the TM symbol?
Typically, the TM symbol is placed in the top right corner of a brand name or logo. However, its placement can be adjusted as long as it is clearly visible and does not disrupt the overall design.
Q4: What’s the difference between the TM symbol and the ® symbol?
The TM symbol is used to claim rights over a trademark. The ® symbol, on the other hand, signifies that a trademark has been officially registered with a national trademark office.
Q5: How can I type the TM symbol on my computer or mobile device?
On a Windows computer, you can type the TM symbol by pressing Alt + 0153. For Mac users, simply press Option + 2. On mobile devices, you can usually find the TM symbol in the symbol section of your keyboard.
Written by Ellis Sweetenham – Senior Intellectual Property Law Consultant
After achieving a First Class LLB Law degree from Southampton Solent University in 2016, Ellis went on to complete an LPC LLM in Legal Practice in 2017 at the University of Law. Following her training, Ellis was admitted to the role as a Solicitor in February 2019.
