Intellectual property rights all come with their very own symbols. They are signs to others about what type of rights are being claimed. I am sure you have seen them, but not everyone is sure which symbol belongs to which right. So let’s go back to grade school, do a matching game. Didn’t know there was going to be a quiz, did you?! I’ll even start it off for you.
Not sure? Don’t worry; you are not alone. First, patents are usually easy because it says it straight out what is going on. Patent pending means no registered patent. Once the patent is registered, it drops the “pending.” Often, these include numbers – either the application number or registration number to make it easier to look up.
An easy next step is to look at what letter is actually in the symbol. For example, © = Copyright vs. ® = Registered Trademark. First letter in the name of the intellectual property type goes right in the circle. So if you see a “c”, you know it is copyright.
Now for the trademarks, R = registered, TM = not registered. I think of it as a “plain” trademark (no federal registration = TM) versus a special one (federal registration = ®).
Why does it matter? First, for unregistered copyrights, common law trademark, or patent applications, how will a third party know you are claiming a right unless you tell them? They likely won’t. So this is a way to say, “Hey, you! I have some rights here. Pay attention!”
For the registered rights, it makes sure others know you have registered your rights and, thus, have gained some special abilities should you have to sue for infringement like triple damages, assumed ownership, and assumed validity. It’s more like, “Hey, you! I have some rights here. And you better pay attention ‘cuz I got a big stick. I am not afraid to use it!”
Let’s say you have the ® on your registered mark placed on goods, and someone infringes on that right. They have lost an argument that they didn’t know you had trademark rights in that mark. It said you did right there! That makes your claim they willfully or intentionally infringed easier. Hello triple damages!
This is also important if you are looking to “borrow” material. These tell you to think long and hard before you.
Now for a further assignment – just like in grade school – take the rest of the day and pay attention to where you see these signs. On your Diet Coke can? You betcha! Websites? Sometimes. Your to-go coffee cup lid? Yup, there, too. Then think, where should you have yours?
For those who need answer keys to feel complete in life, here it is:
