![]() ![]() Accordingly, failing to use the ® symbol in connection with a registered mark may have negative financial consequences in a future litigation.Īlthough failure to properly notice registered trademarks is not an affirmative defense for infringers, it will (perhaps significantly) limit the remedies to which the trademark owner is entitled. So, are brand owners required to use these trademark symbols? In the case of the ® symbol for registered marks, Section 29 of the federal Trademark Act explicitly states that a trademark registrant must give “notice” of a registration by using the proper symbol or notifying language in order to recover profits or money damages in an infringement suit. The ® registration symbol, on the other hand, may only be used in connection with federally registered trademarks – trademarks that are the subject of pending federal applications state applications/registrations and common-law marks may not be denoted with the ® symbol. The “SM” symbol can also be used in a similar manner as ™ in the case of the provision of services, rather than goods. In the U.S., there is no legal requirement to use the ™ symbol in connection with unregistered trademarks, but doing so puts third parties on notice that the company is claiming trademark rights in that word, phrase, and/or design. However, rules vary by country use of the ™ symbol in certain jurisdictions may be viewed as claiming that a mark is registered, so check both the trademark status and local requirements before going to press. and in most other countries is that the ™ symbol (“trademark”) may be used in connection with marks that are not yet the subject of a federal trademark registration – either because an application is pending, or because the company is choosing to only claim common-law rights without seeking registration. ![]() To start, which one should you use? The rule in the U.S. PTAB Legal Experience and Advancement Program (LEAP)Īlthough small in stature, trademark symbols (™ and ®) are an important component of any brand’s trademark protection strategy – but making sure that the correct symbol goes in the right place can be confusing at times.Reexamination and Supplemental Examination. ![]()
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