We often see ‘TM’ and ‘R’ symbols on products and logos, but do you know what they mean and the trouble they can cause when used incorrectly? In this article, we’ll explain the difference between ‘TM’ and ‘R’ and the consequences of misusing them under the Trademark Act 2019.
Understanding ‘TM’ and ‘R’
‘TM’ – Trademark Symbol:
The ‘TM’ symbol simply means that a word, phrase, logo, or symbol is being used as a trademark. It does not require official registration and provides notice that the owner claims rights to that mark for specific goods or services.
‘R’ – Registered Trademark Symbol:
The ‘R’ symbol shows that a trademark has been officially registered with the government. Registered trademarks have stronger legal protection and exclusive rights to use the mark for specific goods or services.
Common Confusions
People often get confused about these symbols in these ways:
Using ‘R’ Without Registration:
Using ‘R’ when your trademark is not registered is a common mistake. It’s misleading and can lead to legal trouble.
Misunderstanding the Registration Process:
Some think that applying for a trademark and using ‘R’ are the same. ‘R’ should only be used after you’ve successfully registered your trademark.
Legal Consequences of Misuse
In Malaysia, according to the Trademark Act 2019:
Using ‘R’ without a valid registration can result in a fine of up to RM10,000. This penalty aims to prevent misleading claims about trademark status.
Misusing the ‘R’ symbol may not only cost you money in fines but also lead to legal action from other trademark owners who believe you’re infringing on their rights.
Conclusion
Understanding ‘TM’ and ‘R’ symbols is vital for your trademark. Using them correctly is crucial to protect your brand and stay on the right side of the law. Misusing these symbols can lead to financial penalties and legal disputes. Be aware of the differences and always follow trademark laws to keep your business safe.
Ready to protect your brand and avoid costly legal troubles? Contact us today to secure your brand registration.
