What do these symbols TM and ® even mean?

By Sajjaratul Yaqeen

Our country is blessed with multiple and various business opportunities that allow more and more Malaysian companies to diversify and expand their businesses. With the expansion and growth of market share, the necessity to protect their Intellectual Property (IP) rights becomes more vital. Trademarks are one of those IP rights that protect the business owner’s hard work, effort, time and sweat put into building goodwill and reputation.

An imitation is a form of flattery, they say. But it is also a form of stealing! Getting their brand registered is important for many, many reasons, as you will find out below. As Experts in this matter, we are often asked what do these symbols TM and ® mean?

Both of these symbols may appear to be the same, but then, in reality, the usage of these two symbols differs from one and another. A clear definition of the meaning for “TM” and “®” symbols need to be propounded as the offense in misusing these symbols is severe. Having said that, let’s explore the meaning of these two symbols.

“TM”

First and foremost, what do the letters “TM” stands for? The answer to it is “TM” is the abbreviation of “Trademark”. This symbol is used by a trader or any business entity as an indication to the public that they had decided to use a certain name or logo or combination of both as a trademark to represent their products or services in their businesses. “TM” can be used regardless of whether the trademark has been registered or not. The “TM” symbol has no legal significance.

“®”

The “®” symbol, on the other hand, stands for “Registered”. This symbol is used when the business owner has applied to register their mark through the Intellectual Property Office and the application has been examined, accepted and thereafter, registered. This symbol indicates that the business owner is the registered and rightful owner of the mark in a particular country. In addition to showing the public that the mark has been registered, having the “®” symbol adds value to the brand.

A trademark is the business owner’s property, and registration would allow them to licence their trademark to others in a licence or franchise agreement, earning royalty fees. That is their passive income.

If they do not have the trademark registered, would an investor be keen to take up the license or franchise? Would they take the risk that comes along with expanding or investing in an unregistered brand?

With a registration, the business owner can even sell the brand once it has built sufficient goodwill and reputation. Most businesses these days are bought for its extensive brand value.

In the nutshell, the symbols “TM” and “®” have different meanings, and if you are a business owner, you certainly want to be displaying the “®” symbol! That impression you give your clients and your customers are that this brand is worth being associated with – it is so important that the brand owner has taken the initiative to protect the brand.

Albert Einstein once said, “A little knowledge is a dangerous thing”. Now you have that little knowledge, you have that little bit more of competitive advantage. Go get your brand registered and rock that “®” symbol!

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KASS

Communications at KASS International Sdn Bhd

KASS International is an established Intellectual Property Firm which offers a one-stop solution for IP matters in Malaysia, South East Asia, and worldwide.