A trademark symbol indicates the name, sign, symbol, and logo of a company. It helps customers or clients recognize the company and protect the company’s brand identity against unauthorized use or any trademark infringement. However, many entrepreneurs are unfamiliar with the legal implications and significance of symbols associated with their trademarks.
What are the Different Trademark Symbols?
In the Philippines, the commonly used trademark symbols are TM, ®, and ©.
Trademark (TM) Symbol
The TM symbol is used to indicate that the trademark has not yet been registered with the Intellectual Property Office of the Philippines (IPOPHL). This symbol means that the trademark owners can claim trademark rights. Additionally, the TM symbol means that the trademark application is still being reviewed by the IPOPHL, but the legal protection is not yet offered, which can still deter infringers from claiming the unregistered mark.
Registered Trademark (®) Symbol
The ® symbol signifies that the mark has been registered with the IPOPHL and is protected from infringement under the Trademark Law. This means that the mark is recognized as the intellectual property of the owner and alerts competitors that the trademark cannot be used by them without the owner’s permission. A registered trademark symbol provides the highest level of trademark protection. Using this symbol without registering your trademark is illegal, meaning it can be used only after the trademark has been successfully registered.
Copyright (©) Symbol
The © symbol protects literary and artistic works, including derivative works, from any infringement. It indicates that the work is protected under copyright law and that any unauthorized reproduction, distribution, or performance of the work may result in legal consequences for the infringer.
When Should the ™, R and C Symbols Be Used?
The trademark symbols can be used in different circumstances:
Trademark (TM) Symbol
The TM symbol can be used as soon as the mark begins to be used in commerce, despite the trademark application is still pending with IPOPHL. Using this symbol serves as notice to the public that you claim ownership of the mark.
Registered Trademark (®) Symbol
The ® symbol can only be used when the trademark has been officially registered with the IPOPHL. Using this symbol without registration is illegal and could expose you to legal penalties. It also signifies that the mark is legally protected under trademark law.
Copyright (©) Symbol
The © symbol is used for creative work, such as books, articles, music, or content. Copyright protection is automatically given to the authors and artists as soon as the work is created. However, they may file a copyright registration for the issuance of the Certificate of Copyright Registration. In addition, this symbol provides notice to the public that the work is protected and may deter infringement.
Where Should the ™, R and C Symbols Be Placed?
The placement of trademark symbols are different, depending on their purposes:
Trademark (TM) Symbol
The TM symbol should be placed next to the trademark, usually near the top-right or bottom-right corner of a trademark or logo. It can also appear next to the name or phrase being trademarked, making it clear that the owner claims the trademark.
Registered Trademark (®) Symbol
The ® symbol should be placed next to the registered trademark, specifically at the top-right or bottom-right corner of the mark or logo. It must also be placed consistently with the trademark to indicate that it is officially registered with the IPOPHL.
Copyright Symbol (©)
The © symbol has different placement based on the type of work:
- Printed Works. The © symbol is commonly placed near the title or at the copyright page of a book, magazine, or other printed work. This is typically on the copyright page or the back cover of books or within the first few pages.
- Visual Works. For visual works such as paintings, photographs, or graphic designs, the © symbol is often placed in the corner of the artwork or image.
- Websites and Digital Works. On websites, the © symbol is often placed in the footer, along with the year of creation and the copyright owner’s name. For digital works like software, music, videos, and online publications, the symbol can be included in the credits, metadata, or footer of the web page.
- Software and Apps. In software, the © symbol may appear in the “About” section or in the program’s documentation, often alongside the name of the copyright owner and the year of creation.
How to Register an Intellectual Property?
An intellectual property can be registered either by trademark registration or copyright registration.
How to Register a Trademark in the Philippines?
The first person to apply for trademark registration is granted an exclusive rights to the mark by the Intellectual Property Office of the Philippines (IPOPHL). To process a trademark registration, the applicant must follow these procedures:
- Visit the Website. The trademark application is filed through eTM File Page or https://bit.ly/IPOPHL-eTMFile. To proceed on the application, click “proceed to eTM File”.
- Select Type of Mark. Select the type of mark you want to register. You may also include details such as disclaimers, transliteration, description of the mark, and color value.
- List of Goods and Services. List down the goods or services covered by your mark. If you know your goods or services, click “I want to provide my list”.
- Priority Claim. Select if there is a priority claim of an earlier date. If you do not have an international application, select “no” and proceed to the application.
- Fill Out the Application Form. Fill out the necessary information and click “Add” to upload your details on the record. Ensure that all given information is accurate and correct.
- Declare Entity Status. Select which entity status applies to your company. Small Entity for assets below PHP 100,000,000.00 and big entity for assets above PHP 100,000,000.00.
- Payment of Fees. Choose your payment method (Dragonpay, Paymaya, or visa) and complete the payment.
How to Register a Copyrighted Work in the Philippines?
To register a copyrighted work, the applicant must follow these procedures:
- Fill Out the Form. Download and fill out the BCRR Transaction Form. Ensure that all given information is complete and accurate.
- Submission of Requirements. Send the requirements to copyright_registration@ipophil.gov.ph. Your email subject must be “Request for Copyright Registration_(Name of Applicant)”.
- Pay the Fees. Once your request form has been assessed, a Statement of Account (SOA) will be sent to you through email indicating the fees due within a period to settle payment. An email will also be sent to you confirming receipt of payment and a copy of the IPOPHL electronic receipt.
- Issuance. Upon confirmation of payment, the Bureau of Copyright and Related Rights (BCRR) will issue an eCertificate of Copyright of Registration and Deposit (eCRD). Your certificate will be sent to you through email.
Why is it Important to Register Your Intellectual Property?
It is important to register your intellectual property with the Intellectual Property Office (IPO) for several reasons:
- Legal Protection. The ® symbol grants legal protection for trademark, while the © symbol protects creative works under copyright law. These symbols help establish ownership and prevent unauthorized use of the intellectual property.
- Brand Identity. For trademarks, the use of the TM and ® symbol helps reinforce the brand’s identity and builds trust with customers or clients by signaling that the mark is protected.
- Safeguard from Infringement. By using these symbols, you are publicly notifying others of your intellectual property rights, making it less likely that they will infringe upon your trademark or creative work.
- Exclusive Rights. A registered trademark and copyright grants the owner exclusive rights to use and license their mark or work. For entrepreneurs, it allows them to use their mark in marketing campaigns and promotional materials. While for authors and artists, it grants them control of how their work is used and distributed.
- Legal Remedies. If infringement occurs, using the TM, ®, or © symbol strengthens your case in a legal dispute. As the owner, you may seek civil, criminal, or administrative case. It is advisable to consult a lawyer regarding this matter to better protect your intellectual property and ensure your rights are enforced.
Need further information and assistance regarding the Difference between ™, R, and C Symbols? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
