When adding the symbol to the brand name or slogan in question, it is crucial to ensure that it is used around the right words. However, using "™" and "®" symbols where no trademark ownership exists can trigger lawsuits if the mark in question is owned by someone else, and/or create issues once the product is commercialized in other jurisdictions. There is no official penalty for misusing trademark symbols in Canada. This can be done by stating, somewhere on the product or product packaging, or promotional material as the case may be, that the trademark is owned by "Company/individual X" and is used under licence by "Company Y". Where applicable, it can be useful to clarify whether a licensing arrangement has been made for the trademark in question. For example, in the United States, the “SM” service mark symbol is used to identify ownership of unregistered trademark rights in association with a service. If your product or service is made available outside of Canada, you may want to investigate whether such jurisdictions use specific symbols for trademark marking that may not be used globally. If your product is sold nationally, you may want to consider trademark protection in both English and French. Using the ™ symbol in these cases is much less onerous than producing two versions of a product or promotional material (one with the ™ symbol, one with the ® symbol).
TRANSPARENT WHITE R TRADEMARK SYMBOL REGISTRATION
Some trademark owners who have obtained a registration in Canada but not in other jurisdictions where they have commercial operations (e.g., the United States) may prefer to use the ™ symbol on all of their products irrespective of their destination to avoid confusion. For unregistered trademarks, the "™" (trademark) symbol in English or the "MC" (marque de commerce) symbol in French may be properly used to signify ownership. While no official rules exist on the use of the registered symbol in Canada, the "®" (registered trademark) mark or its French equivalent, "MD" (marque déposée) should be used when the trademark in question has been officially allowed for registration by the Canadian Intellectual Property Office (CIPO). Which symbols can be used to signify trademark ownership? While using these symbols next to registered or unregistered trademarks is not mandatory in Canada, unlike in many other jurisdictions, there are many scenarios in which using them to underscore your rights could be to your advantage. If you own a trademark, you may be able to take advantage of the additional protection these symbols confer. The trademark symbol ™ and the registered trademark symbol (®) are meant to signify that the brand name, slogan, logo, or other brand identifier in question is subject to trademark protection, and that competitors who try to take advantage of the publicity or goodwill accumulated by the brand by riding the brand's coattails can face legal penalties. You might have wondered: what does TM mean? And what does the symbol R in a circle mean? Are they different? By: Christopher Heer, Toba Cooper, Dominic Cerilli, Annette Latoszewska, Daryna Kutsyna | Last updated: February 25, 2022Īs a consumer in Canada, you have inevitably observed the TM symbol "™" and R symbol "®" displayed on commercial products and in connection with services.
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