Module 9

MODULE 9
IMPORTANT SYMBOLS & ABBREVIATIONS

9.1. SYMBOLS

The symbols or graphical representation can be considered as the soul of the trademark
and identity of any famous good or particular brand. These symbols promote a piece
of intellectual property and its trademark status. They distinguish a company’s goods
and services from other competitive brands as the logo or registered trademark creates
an image in the mind of consumers about the brand and they start recognizing the brand
from the particular logo only.

Trademark symbols are one of the most important strategies to promote intellectual
copy’s trademark on different materials including:

● Brochures
● Advertisements
● Websites
● Press releases
● Press articles
● Company documents
● Invoices

9.1.1 Importance of Symbols

Symbols play an important role. This includes the following:
● To help consumers buy original products and protect them from fakes and

manufacturers who want to fool them.
● To advertise a company's products and goods.
● A trademark is the perfect guardian of your company's commercial interests.
● A registered trademark has a vital role in avoiding confusion among customers.

9.1.2 Unregistered Trademark

The ™ symbol stands for trademark and it can be seen over the logo or symbol of any
product. This mark was firstly used in the US and then the UK and is now being used
across the world. It cannot be said to provide protection nor can it be said to provide
less protection as compared to the registered trademark since there is a concept of
honest and concurrent use in trademark law. It does not require registration specifically
as this symbol can be used by anyone.

9.1.3 Registered Trademark

The symbol for a registered trademark is ®. It provides protection to the owner and
shows that the mark or symbol is registered. It cannot be copied as it is a matter of right
which vests with the owner of a registered trademark. The global perspective regarding
the use of registered trademark is as follows:
● The United Kingdom: The “®” symbol or the abbreviation "RTM" (for Registered

Trade Mark) is an indication that your trademark is registered. This indication is
admissible if the trademark is registered somewhere other than in the United
Kingdom. However, if the registered symbol “®” or the abbreviation “RTM” is
used on a mark that is not registered anywhere in the world, it would result in
violation of section 95 of the Trade Marks Act, 1994.
● France: The addition of the “®” to a trademark does not have any direct legal
significance. However, if the symbol is used in combination with an unregistered
trademark, it would amount to an act of unfair competition (Article 1382 of the
French Civil Code). The misuse of the symbols can also be understood more
specifically as misleading advertisement.
● The United States of America: Failure to use the “®” after registering a trademark
could preclude the owner from enjoying the rights derived from the trademark when
entering an action against a trademark infringer. An improper use of the mark can
devalue the mark, making enforcement difficult.

9.1.4 The Global Scenario

This part highlights what happens when products with a registered trademark “®”
symbol are imported to a country where the trademark is not registered.
● The European Union: If products marked with a registered trademark symbol are

imported within the European Union, the principle of free movement of goods
prevails over the national unfair competition law according to the European Court
of Justice. It is not a case of misleading advertisement or violation of the unfair
competition law if foreign products with the registered trademark symbol are
imported to a country where the trademark is not registered.
● Other cases: If “marked” products have to be imported in a country where the
trademark is not registered, the following options can be exercised:
(i) Over Stickering on a product hides the trademark symbols. This is an expensive
method and is not always permitted due to regulatory constraints.
(ii) Avoid marking on the packaging. This may be illegal in countries where
marking is mandatory or where there is a clear advantage to make use of the
marking. It may also decrease the value of the mark.
(iii) Country-specific labelling: If you use the trademark in the USA, you may use
the “™” designation to display that you own the mark. It is not mandatory to file
an application with the United States Patent and Trademark Office (USPTO). The
symbol “™” may be used regardless of whether you intend to register the mark or
not. In Germany, the court has ruled that it is necessary to provide additional explicit
information regarding the product since a “®” symbol only points towards a foregin
registration. Additionally, the ‘™’ sign should be used only when referring to a
registered trademark.