Trademark law is a very complex area of law and it is important that trademark owners are able to claim their marks and protect their rights.

In Canada, it is not a legal requirement that you use a symbol to mark your trademark. However, there are advantages to using the proper symbols to indicate that some level of trademark protection has been given to your mark.

The “TM” and “R” in a circle symbols are two commonly used signs of a trademark.

The “TM” symbol is used to show that an owner is claiming trademark rights, but that the trademark has not been registered. The “TM” symbol signifies to the public that the owner is claiming rights to a mark and has the legalities of protecting the brand in mind. Even if your trademark is not registered, the “TM” may act as a deterrent to infringement and it will help to acquire brand distinctiveness which is useful if you choose to file a trademark application for registration later on.

Using the “TM” symbol is a great way to start protecting your mark when you have not registered it. Placing the “TM” symbol next to a mark does not mean that you will have the right to stop others from using or replicating it, but if someone else were to try and use a similar mark, you would have a solid basis for requesting that they stop. Although, without formal registration, it may be difficult to prove which party started using the mark first.

The Trademarks Act sets out the criteria for what can be considered a trademark. If your mark does not meet the criteria or follow the description of what a trademark is, placing a “TM” symbol after it will not make it a trademark and is generally of no use.

The “R” symbol indicates that the owner is claiming trademark rights and the trademark has been registered, either in the national or regional trademark office. The “R” symbol can only be used once you have secured trademark registration. This means that even if you have put in an application to have your mark registered, you cannot use the “R” symbol until that application has been processed and your mark has been officially registered. A trademark registration lasts for 10 years in Canada, but can continue to be renewed every 10 years going forward.

If you are going to use either trademark symbol, it should be placed immediately after the mark, to identify it. This means that if your mark or phrase is followed by more text, you should put the trademark symbol right after the mark you are intending to be protected.

Using the “TM” and “R” symbols properly is a way to let the public know that rights are being asserted over your mark. It will also help you to create a brand for yourself with a unique and recognizable name or logo.

Written by Izabella Johnston and Pamela Heary