We often see special designations on labels or packaging of goods, in promotional products ® and (TM), which are usually perceived by consumers as equivalent, but this is not entirely true. It is important to understand in what cases and when these symbols are used and what legal force they have

For example, the symbol

(from the English registered - “registered”)

applies only to registered trademarks and its use in Russia is regulated by Art. 1485 of the Civil Code of the Russian Federation. According to Russian law, the copyright holder of a trademark has the right to place next to it not only this symbol, but also the markings “R”, “trademark” or “registered trademark”, which are usually placed to the right of the trademark in the upper or lower corners.

Symbol

(TM) (from the English Trade mark - “trademark”)

is also often used on products of various companies, but mainly in European countries and the USA. However, despite the fact that there is no legal status in Russia for this marking, it is still used in business - the symbol

(TM)

serves as a warning that an application for a trademark has been filed with Rospatent, which means its future owner has the right of priority. Marking (TM) can be applied to labels and packaging of goods next to registered and unregistered trademarks. It should be remembered that if the use of marking (TM) is not regulated by the Civil Code of the Russian Federation and companies can use it at will, then in order to use the ® mark it is necessary that the registered trademark is not expired.

We also often see the symbol

, which informs consumers that artistic or creative works created by authors (for example, a painting, photograph, film or scientific article, monograph, etc.)

protected by copyright

. The symbol itself does not provide protection to objects of intellectual creative activity; it is also just a warning marking indicating that these objects of creative activity are protected by copyright. But its use may provide additional legal advantages to authors in the event of a conflict of interest.

Thus, the symbols

® and (TM)

perform an informational function and warn consumers or competitors that the trademark has either been registered with Rospatent or is under consideration

Despite the fact that symbols do not protect the business, but only warn possible violators from making erroneous decisions, they still play a positive role in its development, helping to increase trust in the company and its products among consumers, improving brand awareness in the market, and therefore gaining a competitive advantage among similar products and increasing its profitability.

It should be remembered that ignoring the warning marking or its unauthorized use may result in

administrative and criminal penalties