The difference between ® vs ™

 In Business, Design, Design trademark, E-commerce, Education, Infringement, News, Trademark

Trademarks are used to distinguish the goods of one company or individual from that of another. 

So, what is the difference between the superscript ® and ™?

The trademark designation, ™, notifies that the product’s name and design are the company’s property. However, this trademark does not protect you from having another company produce a similar product or them using a similar name. This does not own any legal benefits, however, in some cases, one may get common law benefits. In case of an infringement, it is necessary to establish that an unregistered mark has comparable goodwill or reputation in connection with the product, service, or business with which it is used.

The Registered trademark, ®, is protected against another company’s use of the name or image. This is a federal and legal form of registration of the mark. A trademark is registered for a period of 10 years and is subject to renewal. The most important benefit of registering a trademark is that it gives you a monopoly right in a particular territory. The infringement of registered trademarks can lead to legal suits, which are made easier to deal with due to registration.

Do you want more information on how to set up a proactive IP strategy? We at Otmore are always up to date with current events in the industry,  contact us  today and we’m happy to help!

 

Article written by Rebecca Grima

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