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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If a product, name or design has "TM" after it, is this an

Resolved Question:

If a product, name or design has "TM" after it, is this an unregistered trade mark? if so what protection rights would I have with an un registered TM?
Many thanks
Stu
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you the person who is using the TM symbol?
Customer: replied 1 year ago.
No, my wife has started making products out of recycled inner tubes, wallets, phone cases etc. There is another lady who makes similar products, but not the same, the designs and names are ***** ***** other party has now started putting TM after a few of her products and now my wife is being trolled on social media as copying? she isn't they make tatlly different things. Can my wife also start putting TM after her products as they are her designs and iseas? or will she have to register them to get any sort of real protection?
Customer: replied 1 year ago.
Sorry not sure if you received my response to your question?? never used this service before and not sure on the time scale for answers? sorry if that sound s a bit impatient!!
Expert:  Ben Jones replied 1 year ago.
Yes sorry, my connection dropped. The use of the TM symbol actually has no legal significance in UK law. Sometimes it is used as an indication of trademark use, but there would be no legal protection unless the trade mark was officially registered. So just because someone uses TM but has no officially registered trade mark does not give them any additional rights. A party with an unregistered trade mark may still take action under law whether they use the TM symbol or not and this is done under the law of passing off. To be able to do so they must show:To be successful in a claim for passing off the claimant must prove the following:· That the mark is theirs · That they have built up a reputation in the mark· That they have been harmed in some way by the other person using the mark You can make such a claim as much as the other party, whether a TM symbol is in place or not. So there is nothing stopping you from using such a symbol if you wanted to. At the same time either of you can consider a passing off claim if you can satisfy the above conditions. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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