Summary
- Copyright (©) arises automatically and protects creative, artistic, and literary works, whilst trade marks (® for registered, ™ for unregistered) protect business identifiers such as logos, phrases, and symbols.
- Registered trade marks must be renewed every 10 years; using © or ® signals to competitors that you are prepared to enforce your rights.
- A single asset, such as a logo, can attract both copyright and trade mark protection simultaneously.
- This article is a plain-English guide to copyright and trade mark symbols for UK business owners, covering key differences, protections, and practical use.
- It has been prepared by LegalVision, a commercial law firm that specialises in advising clients on intellectual property law.
Tips for Businesses
Display © on all original creative works and ® on registered trade marks to deter infringement. Renew trade mark registrations before the 10-year expiry. Audit your assets regularly to identify what qualifies for each protection, and consider whether key identifiers warrant formal trade mark registration.
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.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
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 their 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 with 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.
LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced intellectual property lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Yes. Copyright protection arises automatically in Australia, so you can use the © symbol without registration.
You can take legal action against them for trade mark infringement.
A registered trade mark lasts 10 years, after which you must renew it.
Yes. A logo, for example, can attract both copyright and trade mark protection simultaneously.
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