Table of Contents
In Short
- The © symbol is used to indicate copyright protection, typically for creative works like literature, art, and music.
- The ® symbol marks a registered trade mark, indicating official registration with the Intellectual Property Office (IPO).
- While copyright protection is automatic, trade mark protection requires registration to use the ® symbol.
Tips for Businesses
Make sure to use the correct symbol for your intellectual property. Use the © symbol for works like reports, designs and creative content. The ® symbol should only be used once your trade mark is officially registered. Using the right symbol helps protect your brand and assert your rights.
Businesses in the UK use both copyright and registered trade mark symbols frequently in public domains. There are important differences between each of these in terms of meaning, protection and also purpose. It is important for your business to be aware of how both can offer you important intellectual property rights. In this article, we will discuss the difference between the copyright and registered trade mark symbols and how they can both benefit your business independently and together.
Copyright and Trade Marks
Both copyright and trade marks are forms of intellectual property protection within the UK. You can signal to competitors that your trade mark is registered with the Intellectual Property Office (IPO) by affixing the ® symbol near it. Likewise, if you wish to assert your copyright over business intellectual property, you can use the © symbol.
While you do not have to use either symbol for the protection to exist, doing so signals to competitors that you are prepared to assert your rights. This means they are less likely to try and use it without your permission.
The ® Symbol
An ® symbol is exclusively used next to registered trade marks. It is known as a trade mark symbol and signals the fact that the trade mark owner has registered its ownership with the IPO.
You are likely to see the ® symbol next to the following forms of intellectual property:
- logos;
- shapes;
- colours;
- sounds;
- phrases;
- words; or
- symbols.
You should note that there is another trade mark symbol: ™. This refers to unregistered trade marks. Therefore, unlike copyright, trade marks can exist in both registered and unregistered forms. Upon registration, trade marks are registered for 10 years and must then be renewed again before this period of time expires.
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The © Symbol
The © symbol is known as the copyright symbol. When you see this symbol marked against a piece of work, it means that the owner is trying to assert its copyright.
You can only assert copyright over works with an artistic, creative, or original quality. For instance, if you produce an annual report on your market for clients, you can effectively use the © logo.
Copyright, like trade mark protection, provides the owner exclusive ownership and usage rights. If another business attempted to use, copy, manufacture or distribute your copyright protected work, you would have the ability to commence legal action against them for infringement under copyright law.
Key Takeaways
Copyright and trade mark protection are different types of intellectual property and both can be highly valuable assets to your business. The © and ® symbols are therefore regularly used by businesses within the UK. The © symbol is representative of copyright protection, whereas the ® symbol is representative of a registered trade mark. They both protect different types of work. Copyright is reserved for things like literary, musical, artistic and creative work. In contrast, trade mark protection is designed for business identifiers like logos, phrases, slogans and symbols.
If you need help or advice around copyright or trade mark registration, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The TM symbol can only be used if your trade mark is unregistered. The ® symbol, however, can only be used if your trade mark has been registered with the Intellectual Property Office.
The TM symbol is only used where your trade mark is unregistered. In the UK, there is no legal requirement to register your trade mark and you can therefore use the TM symbol without any issues. Once your trade mark has been registered, however, you should then use the ® symbol to show competitors your mark is registered.
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