Use Of Registered Trademark Symbol
In the world of commerce, the ® registered trademark symbol (known as the “Circle R”) conveys a very important meaning. The registered trademark symbol signifies that a trademark or service mark has been federally registered with the United States Patent and Trademark Office (USPTO). It’s regularly used by owners of registered trademarks to put the world on actual notice of their federal trademark rights and to deter others who may be considering adopting an identical or confusingly similar mark.
As a side note, just because you see the registered trademark symbol next to a trademark, don’t assume that the mark is actually federally registered. It’s very possible that the registration may have been cancelled, the mark was never registered to begin with, or the mark is merely the subject of a pending trademark application that has not yet matured into a registration. So, if you ever want to know for sure whether a particular trademark is registered, you’ll have to conduct a thorough and comprehensive federal trademark search.
- Using the Registered symbol ® Alt Code (Windows) The Registered Trademark Symbol alt code is 0174. Even though this R Circle symbol does not have a dedicated key on the keyboard, you can still type it using the Alt code. To do this, press and hold the Alt key whilst pressing the Registered sign Alt code (0174) using the numeric keypad.
- The ® symbol can be used for trademarks registered in Australia. It can also be used if you have registered your trademark overseas, provided that you state the country of registration next to the ® symbol. However, it is an offence to use the ® symbol if your trademark is not registered. Using the ™ symbol.
- Mar 12, 2014 Kelley Keller: There are three commonly used trademark symbols: TM, SM, and the letter R in a circle - ®. The TM and SM symbols are used with unregistered marks: TM for trademarks, or marks that.
- May 27, 2010 Many people use the ™ mark even when the mark itself is registered in the United States and they are thus legally permitted to use the registered mark: ®. One reason is that an issue can sometimes arise in the international context when using the registered trademark symbol on products or advertising materials.
Jul 15, 2014 And whether you’re using the symbol properly or not depends entirely on whether your trademark is registered. If your trademark isn’t registered with the USPTO or WIPO, you can only use the ™ symbol in association with your brand, as the ™ symbol historically denotes something is a common law (unregistered) trademark.
® vs. TM / SM
The registered trademark symbol shouldn’t be used with a particular trademark until the USPTO officially issues the Certificate of Registration. Instead, the “TM” or “SM” trademark symbol may be used to alert the public to a claim of ownership in the mark. Once the mark is registered by the USPTO, the registered trademark symbol can be substituted in place of the “TM” or “SM.”
Proper Placement of the Registered Trademark Symbol
It’s recommended that the registered trademark symbol be used in connection with all registered trademarks. It should either be placed to the lower right (subscript) or to the upper right (superscript) of the actual mark. The COCA-COLA example below illustrates a subscript placement. The CITIBANK example below illustrates a superscript placement.
Proper Use of the Registered Trademark Symbol
It’s important to note that the Circle R can only be used with a registered trademark when the mark is being used to advertise and sell the products/services recited in the Certificate of Registration. For instance, let’s say that a company obtains a federal trademark registration for XYZ for “t-shirts.” But, let’s say the company also sells hats and backpacks under the same XYZ trademark. This company may use the registered trademark symbol when the XYZ mark is being used to advertise and sell t-shirts (e.g. XYZ®), but not when the XYZ mark is being used to advertise and sell hats and backpacks. Instead, the company may use the “TM” for hats and backpacks (e.g. XYZ™). If the company later applies to register XYZ for hats and backpacks and is eventually granted a registration, then it can replace the “TM” with the registered trademark symbol.
Why Should I Use the Circle R?
Once the USPTO issues the Certificate of Registration, the trademark owner should use the Circle R in conjunction with its mark. Even though use of the symbol is optional, a registered trademark owner who fails to use it is barred from recovering profits and damages in a trademark infringement lawsuit unless the infringer had actual notice of the trademark registration (which may be quite difficult to prove in many cases). The owner of the registered trademark may still be able to stop the infringing party from continuing to use the mark, but monetary compensation could become much tougher to get.
Do You Want the Ability to Use the Registered Trademark Symbol?
Only by registering your trademark with the USPTO will you obtain the maximum protection under the law and the right to use the registered trademark symbol to notify and deter your competitors.
Use Of Registered Trademark Symbol On Website
I’m experienced US trademark attorney Morris Turek. If you have any questions about trademarks in general, or if you’re ready to safeguard your trademark by obtaining a United States trademark registration, please feel free to contact me for a no-obligation consultation. I may be reached at (314) 749-4059, via email at morris@yourtrademarkattorney.com, or by filling out the contact form located below. As an experienced and dedicated trademark attorney, I’ll provide the assistance and guidance you need to protect your most valuable assets…your trademarks.
As the resident Lionel Hutz here at Digett, I occasionally get asked about trademark and copyright issues — or, to be specific, the use of the symbols representing those concepts in design and copy elements. What I've found is that the questions remain the same from party to party, so I thought it might be helpful to cover some basic ground on the why, when, and how of using trademark and copyright symbols.
First, some important disclosures
One: I am not a lawyer.
Let me get that little detail out of the way, lest the state bar comes knocking at my door. I grew up around them and I'm comfortable navigating that world, but if you want real legal advice, pony up and pay for an attorney. It's not necessary for a discussion of this topic, however, which leads me to my next point.
Two: This is only about the symbols — ®, ™,℠, ©, and the like.
It's not about the value of trademarks or copyright registration, since I don't want it thought that I'm discouraging the protection of one's intellectual property. Nor am I attempting to address how someone goes about the process of registering.
Moreover, I'm covering only situations faced here in the U.S.; this may not apply in other jurisdictions.
Why you should use trademark and copyright symbols
Contrary to popular belief, it's not required; you do not have to use trademark and copyright symbols in your design or copy to guarantee or safeguard your legal rights.
Additionally, there are good reasons to not use them, particularly if you want to avoid having your publications look like crop circles or an untitled Led Zeppelin album.
Granted, some may argue with me over this, especially if they fear trademark abandonment or infringement. However, while trademark rights are based on use, that means use of the mark, not the symbol.
But even if it's not legally required, using the symbols may have benefits. For one, should you ever find yourself in the unfortunate position of having to defend against unauthorized use of your mark or copy, it may help to show that you've established a record of putting people on notice.
In addition, some people might view mark registration as a sign of professionalism or stability.
Another important point: you may only use the registered trademark symbol (®) if your trademark is, indeed, registered with the U.S. Patent and Trademark Office.
There are no restrictions, however, on the use of ™ and ℠, which indicate an intention to seek trademark/servicemark status. There are also no limitations or restrictions on using the copyright symbol (©).
When and how you should use them
If you (or your lawyers) insist on using trademark and copyright symbols, the key is moderation. To illustrate:
'At Digett®: Interactive Media & Marketing™, we believe in protecting intellectual property℠ (© 2010 Digett®: Interactive Media & Marketing™, all rights reserved).'
Yes, that's an exaggerated scenario, but it's equally annoying when an organization uses the registered trademark symbol every time they print their name. It's unnecessary, not to mention illegible.
Here are a few suggestions for judicious use:
In print
Consider using trademark symbols (registered or otherwise) one time in your copy, preferably in a header or toward introductory content. Leave it out an all subsequent references to the mark. Copyright symbols should not be used, in my view.
In logos/identity
This is a case-by-case call for me. Most logos I come across look stilted, even marred, by the inclusion of a trademark symbol. However, if it's considered during the planning process and not tacked on afterward, it can be done with grace. Just make sure it doesn't distract or confuse.
Online
On websites, I'm a fan of using a global footer for both copyright and trademark notices. It's usually unintrusive, and for those who are truly concerned about enforcement, it ensures inclusion on every page of the site.
In other online communications, particularly those that involve personal engagement, I tend to err on the side of exclusion. Nobody wants to talk with Digett®: Interactive Media & Marketing™.
Someone else's mark
Here's a potentially sticky situation. If you're using a trademark registered by another person or organization, you're not required to use the symbol unless specified by agreement.
However, many people choose to include it anyway just to avoid potential hassle. I think that's the safe play, but avoid multiple references/uses, if at all possible.
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