Table of Contents
In the UK, certain symbols represent specific types of intellectual property rights. These can be important to show competitors and also consumers that your property is protected and your IP rights are enforceable. In this article, we will discuss the importance of © and ® in the UK.
What is the © Symbol?
The © symbol in England is used as the copyright symbol. When you place the copyright symbol next to the original work, it shows businesses and consumers you assert your copyright and will take steps to defend it if another challenges these rights.
Copyright protection is an automatic right created upon certain types of material. This includes:
- original literary, dramatic, musical and artistic work;
- non-literary written works;
- sound recordings; and
- film and television recordings.
If you have created a piece of work capable of copyright protection, you can place the © symbol next to your work. That said, your copyright does not cease to exist if you do not display the © symbol.
The most common usage of the © symbol will be something like this:
Copyright © 2022 John Smith
You can, however, simply use the © symbol without other information.
The Importance of Copyright Protection
Copyright is an important intellectual property right and can prevent others from:
- copying;
- distributing;
- renting;
- playing; or otherwise
- adapting your work.
This is important in particular, for creative work. If competitors were otherwise able to use your work without your consent, it would detract from your economic rights over work.
You should be advised that copyright is distinct from moral rights. The © symbol has no bearing on moral rights.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
What is the ® Symbol?
In contrast to copyright, the ® symbol is exclusively reserved for registered trade marks. As the registered trade mark symbol, it is necessary for your trade mark to first be registered with the Intellectual Property Office (IPO) before using it. Therefore, you will not be able to use the ® next to an unregistered trade mark.
Trade marks can take a wide variety of formats and the ® symbol can be used next to any mark as long as it has been registered. If a trade mark is unregistered, the ™ symbol can be used instead.
The Crossover between © and ®
There are certain types of intellectual property that can be protected by both copyright and trade mark law. This can occur where for example, where your business registered your logo with the IPO with a design originally created in-house. In this case, it will be possible for your logo to be protected by multiple types of intellectual property law.
The original design would be considered artistic work and will therefore automatically be protected upon creation by copyright. Equally, upon registering your logo as a trade mark, it will be protected as a registered trade mark and be considered exclusive to your business. These types of protections can be used to challenge anyone who uses your logo without your permission. If this situation occurs, it is advisable to seek legal advice as you could be entitled to compensation.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
The © symbol and ® symbol are regularly used throughout the UK. The © symbol is known as the copyright symbol and the ® symbol is known as the registered trade mark symbol. Both can be used regularly but for different types of IP rights. Copyright is an automatic right that begins when a piece of original work is created. Therefore, the © symbol can be used from the outset without needing any form of the registration process. In contrast, the ® symbol is reserved for trade marks formally registered with the Intellectual Property Office.
If you need help or advice around the application process for registering your trade mark with the Intellectual Property Office, 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
You can use the © symbol immediately after creating a piece of original work. This includes artistic, musical, dramatic, literary and non-literary works to name but a few.
The TM symbol is used for unregistered trade marks, which means they have not been formally registered with the Intellectual Property Office. Once you have successfully registered your mark, you can then use the ® mark to show the mark is now exclusively yours to use.
We appreciate your feedback – your submission has been successfully received.
