Trademark Secrets: What They Don’t Tell You About ™ and ® Symbols

It’s quite common to see the symbols ™ and ® placed next to brand names, logos, or catchy slogans. At a glance, many people assume both mean the same thing—that the brand has been trademarked. But that’s not actually the case. Each symbol has a different meaning and reflects a different level of legal protection.

The ™ symbol is generally used to show that a business or individual considers a particular word, phrase, or logo as their trademark. It doesn’t necessarily mean that the trademark has been officially registered. More often than not, it means that the owner has either already applied to register it with MyIPO (Malaysia’s official intellectual property office) or is seriously thinking about doing so. At this stage, however, the owner doesn’t yet have exclusive rights over the mark. This means that other people might still be able to use the same or similar mark without immediately breaking any laws.

The ® symbol, on the other hand, tells a different story. This symbol can only be used once a trademark has been successfully registered with MyIPO. Once registered, the owner enjoys full legal rights over the mark. They can use it exclusively and take legal action against others who use the same or a confusingly similar mark. Registration provides strong protection and helps prevent others from riding on the brand’s reputation.

It’s important to note, however, that using the ® symbol without an actual registration is not just misleading—it’s against the law. Under Section 104 of the Trademarks Act 2019, this would be considered false representation. If someone is found guilty of this offence, they could face a fine of up to RM10,000.

In short, while anyone can use the ™ symbol to indicate that they claim a certain mark, the ® symbol is legally reserved for trademarks that are officially registered. Understanding the difference between the two and using them correctly can save you from unnecessary legal issues. Need Help?

We’ve been helping businesses with intellectual property for over 10 years and have successfully assisted many companies with licensing and other IP issues. If you’re thinking about licensing your IP or just have questions, don’t hesitate to WhatsApp us for personalized advice!