Many customers regularly ask us about these famous R symbols in a circle (®), TM and C in a circle (©). We see them everywhere, yet their meaning is far from clear to everyone. Most of the people interviewed do not know the difference between these three symbols. For them, they are relatively equivalent. Some even think that it is mandatory to use them in France. Others still insist on registering their trademark with the ® symbol, which they consider essential.
So we thought it was time to do another post about symbols ®, TM and ©.
Contrary to some preconceived ideas, these 3 symbols do not all apply to trademarks. Indeed, if the symbols ® and TM are indeed relative to the marks, it is not the case of the © symbol.
These two symbols have a slightly different meaning. The ® stands for "Registered", meaning that the mark is registered. This means that the mark has been registered. It has met the requirements of the relevant trademark office. The registration procedure has then been completed. A certificate of registration has been issued and the registration date has been published.
The symbol TMA trademark is the name of a company. It is usually affixed when the trademark is used without having been registered, or when it has been registered but is not registered.
In the first case, it may be a mark with little or no distinctiveness. The owner knows that he will not succeed in obtaining a registration. Cf our article on distinctivenessIn this article, we explain why a trademark must be distinctive and why a descriptive trademark is likely to be refused. In this situation, the owner may want to draw the attention of the consumer and its competitors to the fact that it still wants to own the name in some way. However, this strategy is quite useful in the United States, as explained below.
In the second case, the registration process is underway but not yet complete. The certificate of registration is not yet issued, so the mark is not officially registered. It is therefore a temporary symbol, until the ® can be used.
This symbol means "copyright". Although copyright law itself is not used in France, it is most often equated with author's rights. Indeed, copyright is an Anglo-Saxon term for an intellectual property right that has the same purpose as the French droit d'auteur, namely to protect works of the mind. These works can be music, a photo, a drawing...) The main difference between the two consists in the fact that copyright is registered on an official register held by an official organization. The latter is most of the time the same organization that registers trademarks (the equivalent of the INPI).
The use of the © therefore implies in principle that the work in question has been registered on an official copyright register. However, in France, there is no such register. Indeed, the copyright is a right that arises from the sole fact of creation. It does not require any registration to exist. Nevertheless, it is necessary, in case of litigation, to prove the existence of the right. And especially the date of birth of this right. In the absence of an official register, other means of proof are used, such as time stamping certified by a bailiff.
It should be noted that new symbols have emerged over the years, generated by the digitization of works subject to copyright.
First of all, there is the "copyleft" symbol, which represents the sign of the copyright inverted, i.e. a C to the left):
Do you also know the symbol "creative commons"? This refers to the licenses of the same name, inspired by free licenses, as well as by the open source and open access movements. It is about licenses to facilitate the use of works. The author can, depending on the license chosen, authorize third parties to reproduce and distribute a work. In all cases, the user must cite the author's name. However, the author can impose additional restrictions. For example, the prohibition of a commercial use, the prohibition to modify the work, or the obligation to share a work resulting from the original work under the same conditions as the original work. Different logos exist, but all of them include the letters CC :
All these symbols come from Anglo-Saxon countries. Therefore, they have no real legal value in France. Moreover, the Paris Convention for the Protection of Intellectual Property (of which France is a party) provides that "No sign or mention of the registration of the mark (...) shall be required on the product for the recognition of the right".
However, in the United States and in some other countries, they have a significant importance. First of all, their affixing on a sign that does not correspond to the criteria is considered a fraud. Such fraud may then lead to prosecution.
In addition, the symbol TM is of particular interest since the United States is one of the few countries that allows to obtain a right on an unregistered trademark. Thus, the use of the TM symbol emphasizes the fact that the name is considered a trademark by its owner. Thanks to a continuous and sufficiently wide use, he will be able to claim the same rights as a registered trademark owner. This will allow him to take action for infringement and to obtain damages.
In France, however, there are no rules governing the use of these symbols. The fact of using them is not controlled, and a bad use is not repressed by the law either. However, we advise to use them sparingly, in connection with real intellectual property rights. This avoids misleading consumers.
Although the law does not provide anything about the use of symbols ®, TM and ©, their use has two major interests. Firstly, it allows to inform the public that it is a protected right. Secondly, it gives a chance to dissuade potential third parties from infringing them.
The procedure for registering a trademark in France can take up to 6 months, or even longer in the case of opposition. It can take even longer in many other countries. Therefore, the use of the symbol TM makes it possible to inform third parties that the user of the trademark has filed it and is waiting for its registration. Thus, it cuts the ground under the foot of possible indelicates who would find the idea good and would wish to register the mark first. It should be noted that the publication of trademark registrations does not take place before 3-4 weeks in France. During this time, the registration is totally invisible, which makes the use of the symbol all the more useful. TM. Indeed, after the publication, third parties can consult the trademark on the INPI databases and be aware of the filing.
The R symbol surrounded by a circle (®) is even more interesting because the general public is more familiar with it. The general public associates it quite easily with a registered trademark, as many famous brands use it on their logo. Putting it on your logo will inform the public that the mark is protected.
To mention a copyright, we will use the symbol C surrounded by a circle (©). We see it very often in connection with photographs, images, or websites ... At a time when a simple click can copy an image on the Internet to reuse it a little further, it is necessary to apply this type of logo. We can also complete with a statement such as "this content is subject to copyright, reproduction prohibited". It is important to keep in mind that the public has only vague notions of intellectual property. It is therefore important to practice a form of prevention, by informing them of what they have the right to reproduce or not.
The other interest of these logos is to avoid certain reproductions. Of course, people of bad faith will not prevent themselves from copying the right, but those of good faith could be dissuaded from it. Thanks to the information given by the logo, they understand that the author of the work or the creator of the brand wishes to protect his right from copying.
Such a statement also implies that the trademark or copyright will potentially be defended by its owner. People who would like to copy them therefore understand that there is a risk of action against them. However, no one wants to be sued for infringement in their lifetime :) The use of the symbols ®, TM and © can therefore prove to be a particular deterrent.
To conclude, simply remember that the symbols ®, TM and © each have their own meaning. Although their use is not regulated in France, it is preferable to use them wisely, in order to be sure to inform third parties of the protection you claim on a right, and to dissuade them from copying it.
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