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What is the ® Registered Trademark Symbol?

The Registered Trademark Symbol is used in trademark law to identify registered trademarks. The Registered Trademark Symbol ® is represented as a superscript R in a circle.

In contrast, the Unregistered Trademark Symbol is represented by the capital letters TM.

® or TM?

The Registered Trademark Symbol ®, like the Unregistered Trademark Symbol TM, originates from US trademark law. The two symbols have different meanings.

The Registered Trademark Symbol ® indicates that a trademark is registered (Registered in U.S. Patent and Trademark Office).

The Unregistered Trademark Symbol TM indicates that a trademark has been applied for but has not yet been entered in the official register, i.e. is not yet registered.

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The Registered Trademark Symbol in the USA

In the USA, the use of the Registered Trademark Symbol ® to identify registered trademarks is advisable. If the registration notice is missing due to the ® symbol, US trademark law stipulates that the trademark owner can only demand damages from the trademark infringer from the point in time at which the trademark infringer gained actual knowledge of the trademark registration. Actual knowledge on the part of the trademark infringer arises, for example, from sending a cease-and-desist letter from the trademark owner, to which an extract from the trademark register is attached.

The Registered Trademark Symbol in Austria and Germany

In Austrian and German trademark law, it is permissible to additionally identify a registered trademark with the Registered Trademark Symbol ®. However, failure to use the Registered Trademark Symbol ® has no legal effect.

However, the use of the Registered Trademark Symbol ® makes sense:

On the one hand, the use of the Registered Trademark Symbol ® deters potential imitators. On the other hand, the Registered Trademark Symbol ® has an advertising effect, as it makes the trademark appear more valuable and of higher quality. Rightly so – companies that have their trademark protected are usually well organized and also particularly careful and quality-conscious in other matters.

The Unregistered Trademark symbol TM has no meaning in Austria, Germany and other European countries. The use of the Unregistered Trademark Symbol also makes no sense in Europe.

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Prerequisite for Use

1. Entry in an official trademark register

The basic prerequisite for using the Registered Trademark Symbol ® is that the trademark is entered in an official trademark register. The mere application for the trademark is not sufficient.

2. Reproduction of the complete trademark

If the Registered Trademark Symbol ® is used, it must always be used with the complete trademark. The trademark must be presented in the same way as it is published in the trademark register, without omitting or adding any elements.

For example, it is illegal if the word part is extracted from a word-image mark and used without the image part with the Registered Trademark Symbol ®. This would only be permissible if an independent word mark also existed.

3. Position of the Registered Trademark Symbol ®

The position of the Registered Trademark Symbol ® also plays a role. The Registered Trademark Symbol ® should always be placed as a superscript in the upper right corner of the trademark. This means that the Registered Trademark Symbol covers the entire trademark.

4. Use with the registered goods and services

Advertising with the Registered Trademark Symbol ® in connection with goods and services for which the trademark is not registered is not permitted.

So if a trademark is only registered for furniture, it would be illegal to use the trademark together with the Registered Trademark Symbol ® to identify clothing and thus give the impression that the trademark is also registered for clothing.

For this reason, before introducing new products and developing new fields of activity, it should be routinely checked whether the existing trademark is also registered for the appropriate classes of goods and services.

5. Use in the correct country

The use of the Registered Trademark Symbol ® in a country in which trademark protection does not exist may be illegal.

An exception to this are trademarks that are registered in an EU member state and which are exported to another member state. However, this may also be permissible if the impression is given that the trademark is registered in the very state into which it is imported.

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Consequences of Improper Use

A violation of these rules for the use of the Registered Trademark Symbol ® is a violation of competition and can therefore be warned as unfair competition.

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Frequently Asked Questions

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