Written by Tomas Orsula
Senior Trademark Attorney
You can use the ® symbol if your mark has been successfully registered as a trademark with an intellectual property office. Be sure to only use it in countries where you hold your registration. In most countries, the usage out of the symbol is not permitted, if you don't have a trademark registered there.
On the other hand, the usage of the ™ symbol is not governed by any law. Usually, it's used by entrepreneurs to signal their intention to get a registered trademark or that the trademark is currently being assessed by an IPO and will likely obtain the ® symbol soon.
Both symbols are most commonly placed in the upper-right or lower-right corner of the mark, although no exact placement is dictated.
You can learn in our Trademark Academy article on Definitions and symbols.
Should I get a trademark when my business expands to a new country?
Once the trademark registration is in progress, will I be able to list my product on Amazon?
When is the ideal time to set up a trademark monitoring service?
Should I register both the name and the logo as a trademark?
Can the renewal of a trademark be filed after the expiration?
What proof of filing do I need to submit to Amazon Brand Registry?
Is there any specific placement I have to use for the symbol ®?
The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.
Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.
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Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
