Naming in an AI Age
Join members of the NameStormers team as they explore the nuances of the creative nature of name generation, the mechanics behind trademark screening, and the importance of consumer research, with various guests featured along the way!
Naming in an AI Age
Trademark and Copyright Symbols When to use TM, Ⓡ , and ©
This episode explains the difference between trademarks and copyright. The TM symbol signals a claim on a name or logo but offers no legal protection, while the Ⓡ symbol is for USPTO-registered trademarks and carries legal weight. Copyright, on the other hand, protects creative works—books, music, art, software—by covering expression, not brand identity. In short: trademarks protect identity, copyright protects expression.
Ashley Elliott (00:06):
Hello and welcome back to naming in the AI Age. I'm Ashley, and today we're going to clear up one of the most common points of confusion that I see when it comes to business owners and creators. The difference between trademark symbols, the tm, the circled R, and how that relates to or is even in the same realm as a copyright. At first glance, it all looks like alphabet soup, right title, owner copyright, but each one has a very specific meaning. And knowing how and when to use them can save you from both legal trouble and expensive mistakes. Let's start with the trademark symbol. This is the easiest one to use because you don't need to file anything to put TM next to your name or your logo. Using TM really just simply tells the world, Hey, I'm claiming this as my trademark. You're putting people on notice.
(00:55):
A coffee shop could brand itself as Moonlight Cafe with a tm even before filing any paperwork. Think of TM as planting your flag. It doesn't really guarantee legal protection at all, but it shows your intent. Now, the circled R is different. You can only use the circled R symbol after your trademark has been officially registered with the United States Patent and Trademark Office, we call the USPTO. That means you've gone through the application process, the examiners there have approved your mark, and it's legally recognized at the federal level. And here's the important part, using the circled R without that registration isn't just frowned upon. It can actually get you in legal trouble for misrepresentation. So, quick recap. TM is a free for all. Anyone can use it to claim rights. Circle R is reserved for the real deal, registered, examined, approved trademarks. But here's where people often mix things up.
(01:52):
They think a trademark is a copyright. A copyright is totally different. Copyright protects creative works. Your photos, books, songs, paintings, software code. If you design a poster, copyright covers the artwork itself. But if you want to protect the name or the logo on that poster as your brand identity, that's trademark territory, not copyright. Here's an example. Let's say you write a novel called Starlight Dreams. Copyright protects the novel itself, your words, your creative expression. But if you decide to sell t-shirts and launch a podcast under the name Starlight Dreams, and you want to make sure no one else can use that name for similar products, that's when you want to look to trademark. So what's the big picture? Copyright protects expression, the actual expressive creative work. Trademark protects identity, the name, logo, or phrase that represents your brand in the marketplace. If you remember nothing else, remember this.
(02:52):
The TM means I'm claiming it. The circled R means the USPTO has approved it. And the circle C means this is my creative work. And if you're building a brand here in the AI age, whether it's a startup, a YouTube channel, or a digital product, you'll probably need both copyright and trademark at different stages. Knowing the difference helps you protect your ideas and avoid stepping on someone else's. Alright, well, that's all we have for today. Think of copyright as protecting expression and trademark as protecting identity. Thanks for tuning in to naming in the AI age. Until next time, protect your ideas, protect your name, and keep building boldly.