Some of the most common questions I get asked relate to the use of © and its sisters ™ and ®.  But what is often misunderstood is their precise meaning, as well as the circumstances in which they can be used.  Only one of them has a recognised legal meaning, and if misused you are committing a criminal offence!

So, what do they mean and when can they be used?

© means copyright.  From a day to day business perspective it will protect literary works (content) and artistic works (photographs and graphics), although it will also apply to sound and video recordings.  Since there is no official copyright registration process in the UK, you don’t need to have gone through any official process to be able to use it. 

™means trade mark.  This could be an unregistered trade mark, or a pending trade mark application, or indeed a registered trade mark.  It is a way of saying “it’s my brand, don’t copy” – a deterrent.  A trade mark can be many things, not just a name, and can include logos, slogans, shapes and colours.

® is the one to be wary of.  This has a specific legal meaning, and if you use it when you shouldn’t you are committing a criminal offence under the UK Trade Marks Act.  You have been warned!  It specifically means a registered trade mark, and you can only use it here in the UK if you are using it for a trade mark that is registered for the products or services that you are offering.  If you have filed an application for registration, you cannot use this symbol until you have your registration certificate, which is going to be at least three months on from the point you file your application.

Use of these symbols is by no means compulsory, but if you are keen to send a message to others that the creative content or branding is yours, they provide a very efficient and cost-effective tool to do so.