When creating logos, brand names, and other marketing materials, you may have seen the ™ (the superscript TM) or ® (the circled R) symbols. These are called trade marks.
If you’re wondering whether you can put TM on your logo without registering, the answer is both yes and no. You can technically put TM on your logo without registering it, but there are benefits to official registration.
If you use TM on your logo without registering it, you can claim trade mark rights in the US, but those rights will be limited. For example, you’ll have a harder time preventing others from using your logos if they’re not registered. You also won’t be able to sue for damages or lost profits if someone infringes your logo.
What is a Trademark?
A trade mark is a sign that distinguishes your goods or services from those of other traders. It can be a word, phrase, logo, colour, sound or smell. You can even register shapes and packaging as trade marks.
In the US, you can use the ™ symbol on unregistered trade marks, and the ® symbol on registered trade marks.
The Difference Between TM and ®
The main difference between TM and ® is that TM is used for unregistered trade marks, while ® is used for registered trade marks.
If you put TM on your logo, it shows that you’re claiming trade mark rights. It’s a way of telling the world that you’re serious about your brand.
If you put ® on your logo, it means that your trade mark is registered with the US trade mark office. This gives you extra legal protection for your brand.
Should You Register Your Logo?
There are several benefits to registering your trade mark, even if you’re already using TM.
For example, registered trade marks are easier to enforce. If someone infringes your registered trade mark, you can sue them for damages and lost profits. You can also stop them from using your trade mark altogether.
Registration also makes it easier to stop others from using similar logos. If you see someone using a logo that’s too similar to yours, you can send them a cease and desist letter. If they don’t stop using the logo, you can take them to court.
Another benefit of registration is that it shows the world that you’re serious about your brand. When customers see that your logo is registered, they’re more likely to trust your business.
If you’re planning to expand your business internationally, registration can also make it easier to get trade mark protection in other countries.
How to Register Your Logo
If you want to register your logo, you’ll need to do the following steps:
1. Choose the right trade mark
When you register your logo, you first need to choose the right trade mark. This is the sign that you want to register, which can be your logo, name, or slogan.
2. Search for similar trade marks
Before you can register your trade mark, you need to make sure that it’s not too similar to another trade mark that’s already registered. You can search for similar trade marks on the US trade mark office website.
3. Fill out the application form
Once you’ve chosen your trade mark and searched for similar ones, you need to fill out the application form. This form is available on the US trade mark office website.
4. Pay the filing fee
The filing fee for trade mark registration is $275 per class. You can pay this fee online or by check.
5. Wait for the trade mark to be registered
After you’ve filed your application and paid the fee, you need to wait for your trade mark to be registered. This process usually takes about 6-8 weeks.
You’ll receive a certificate of registration once your trade mark has been registered. This certificate is proof that you own the trade mark and can use it to enforce your rights.
If you have any questions about trade mark registration, you can contact the US trade mark office or a lawyer specializing in Intellectual Property law.
Can I Use TM on my logo UK?
In the United Kingdom, there is no such thing as a registered or unregistered trade mark. Instead, you can use the ™ symbol on your logo to show that you’re claiming trade mark rights.
However, it’s still a good idea to register your trade mark. This gives you extra legal protection for your brand and makes it easier to enforce your rights.
If you’re planning to expand your business internationally, registration can also make it easier to get trade mark protection in other countries.
Do logos need to be registered?
Yes, you can register your logo as a trade mark. This gives you extra legal protection for your brand and makes it easier to enforce your rights.
What happens if I don’t trademark my logo?
If you don’t register your trade mark, you might still have some common law rights. This means that you can sue someone for infringing your unregistered trade mark, but it’s often harder to win these cases.
It’s also more difficult to stop others from using similar logos if you don’t have a registered trade mark. You might be able to send them a cease and desist letter, but if they don’t stop using the logo, you’ll have to take them to court.
Another downside of not registering your trade mark is that it shows the world that you’re not serious about your brand. When customers see that your logo is unregistered, they might be less likely to trust your business.
If you’re planning to expand your business internationally, registration can also make it easier to get trade mark protection in other countries.
Can I use someone else’s logo?
Generally, you can’t use someone else’s logo without their permission. This is because logos are considered intellectual property, and they’re protected by copyright and trade mark law.
If you want to use someone else’s logo, you need to get their permission first. This can usually be done by getting a licence or signing an agreement.
If you don’t get permission and you use someone else’s logo without them knowing, you could be sued for copyright infringement or trade mark infringement.
Final Thoughts
To conclude, can I put TM on my logo without registering? The answer is no—you need to register your trademark before using the ™ symbol. However, it’s still a good idea to use the ™ symbol even if you haven’t registered your trade mark yet. This shows that you’re claiming trade mark rights and deters others from using a similar logo.
So, the next time someone asks you can I use TM on my logo, you’ll know exactly what to say.
