Your business name, logo, creative work, or invention is valuable, but using the right symbol or wording to protect it can be confusing.

Many Canadian business owners wonder: what’s the difference between ™ or MC, ® or MD, ©, and Patented vs. Patent Pending?

Here’s a breakdown of what each means under Canadian law and how to use them correctly.

The ™ Symbol

The ™ symbol stands for “trademark” and can be used by anyone to indicate that a word, phrase, or logo is being claimed as a trademark.

  • No registration required
  • Shows your intention to claim ownership
  • Signals a claim of common law rights in Canada

The TM symbol can be used for an unregistered trademark regardless of whether a trademark application has been filed.

Example: A startup can put the ™ symbol next to its brand name while its application is pending.

The MC Symbol

The MC symbol stands for “marque de commerce,” which is the French equivalent to the TM symbol in Canada. The MC symbol can be used to indicate that a word, phrase, or logo is being claimed as a trademark.

  • Operates the same as the TM symbol
  • No registration required
  • Shows your intention to claim ownership
  • Signals a claim of common law rights in Canada
  • Sometimes may be displayed as TM/MC

The ® Symbol

The ® symbol stands for “registered trademark.” In Canada, it may only be used once your trademark has been officially registered with the Canadian Intellectual Property Office.

  • Misusing ® before registration can be misleading
  • Registration provides stronger nationwide protection
  • The ® symbol acts as a deterrent to competitors

Example: A business can put the ® symbol next to their business logo after receiving a registration certificate for their design mark.

The MD Symbol

The MD symbol stands for “marque déposée,” which is the French equivalent to the ® symbol in Canada. The MD symbol may only be used once your trademark has been officially registered with the Canadian Intellectual Property Office.

  • Misusing MD before registration can be misleading
  • Registration provides stronger nationwide protection
  • The MD symbol acts as a deterrent to competitors
  • Sometimes may be displayed as ® /MD

The © Symbol

The © symbol indicates copyright and is not for use with trademarks. Copyright protects original works like books, music, artwork, movies, and software. Unlike trademarks, copyright protection arises automatically when the work is created.

Example: A business may put a copyright notice at the bottom of their website: “Copyright © 2025 Anchor IP Law. All Rights Reserved.”

Patented vs. Patent Pending

The terms “patented” and “patent pending” both signal innovation, but they mean very different things in Canadian intellectual property law.

A product marked “Patent Pending” indicates that a patent application has been filed but not yet granted. It tells competitors that legal protection may soon apply, discouraging copycats while the application is under review.

Once the patent is officially granted by the Canadian Intellectual Property Office, the product can be marked “Patented” or “Patent No. [number]”, confirming that exclusive rights are now in force.

Example: A startup that develops a new kitchen appliance could label early production units with the wording “Patent Pending” while their patent application is being examined. After the patent issues, they could update packaging and marketing materials to read “Patented: Canadian Patent No. 3,456,789”, signalling to the market that the invention is fully protected.

Why Correct Symbol Use Matters

Using trademark, copyright, and patent markings properly reinforces the intellectual property protection available for your products and brand and demonstrates respect for Canadian intellectual property law.

Correct usage strengthens brand recognition and reputation, signals clear ownership to both competitors and customers, and improves your ability to enforce your legal rights when issues arise.

It also helps prevent misunderstandings or accusations of false representation, which can damage your credibility and weaken your overall IP protection.

Whether you’re using the ™ or ® symbol, a © notice, or patent markings such as “Patented” or “Patent Pending,” proper identification shows that your business takes its intellectual property seriously.

FAQs ABOUT IP SYMBOL USE

Can I use TM or MC if I haven’t filed for a trademark?

  • Yes, the TM and MC symbols simply signal your claim to the public, but do not provide the same protection as registration.

What happens if I use ® or MD without registration?

  • It can be misleading and may weaken your legal position or damage your reputation.

Do I need to copyright my works to protect them in Canada?

  • While copyright protection arises automatically, and you can use the © symbol at any time, copyright registration helps with enforcement.

Can I mark a product as “Patent Pending” or “Patented”?

  • Yes, but only if a patent application has been filed or granted.
  • “Patent Pending” shows that you’ve applied for protection of an invention.
  • “Patented” or “Patent No. 1,234,567” means your patent has been officially issued by the Canadian Intellectual Property Office.

FINAL THOUGHTS

The symbols TM (and MC), ® (and MD), and ©, and patent markings such as “Patent Pending” or “Patented,” all protect different aspects of your business. Understanding how and when to use each helps you communicate ownership clearly and safeguard your intellectual property rights.

Ready to protect your intellectual property? Contact Anchor IP Law today for a consultation to navigate the complexities of intellectual property protection for your business.