A trademark (or trade mark) can either be a design/logo or words/slogan/motto.
Trade marks do not need to be registered, but if they are then the owner can benefit from a number of protections.
If a trademark is not registered, but it is still considered a trademark unique to the owner, then they could signify this by using the TM mark.
So, for example, my slogan The Right Lawyer for You and Your Business is not registered, but I occasionally write it as The Right Lawyer for Your and Your Business™ to demonstrate that it is a trademark.
Without trade mark registration, there is no guarantee that you can stop another person or company from using the mark. You would need to succeed in a passing off claim.
What's does the ® mean on a trade mark?
The (R) means a trade mark has been registered in the UK with the Intellectual Property Office (IPO).
In order to be registered, a trademark needs to meet certain requirements as set out in the Trade Mark Act 1994. It must be unique and novel, not offensive, not describe the goods/services, not be misleading, not be too indistinct or generic and must not be similar to already registered marks.
We can help with trademark registration in Leicester (or nationwide).
So if you see a trademark with a (R) attached to it, you should recognise it has been registered. You can of course check by looking at the IPO website: https://www.gov.uk/search-for-trademark
Written by Steven Mather, a business solicitor acting on company sales and purchases. This is general information about the law, not legal advice on your situation.
