Maiorana Patent Law, PA

Proper use of the ® Symbol

Clients sometimes ask whether the ® Symbol (trademark registration symbol) is required to keep their mark. In some cases, this has been because they did not like how their mark or logo looked with the ® Symbol.

The R-Symbol, ® , or a phrase like “Reg. U.S. Pat. & Tm. Off.,” needs to be included when using your registered trademark to preserve your rights provided by your federal trademark registration.

The ® Symbol is for notice purposes and is to be used only with federally registered trademarks. It would be improper to use the trademark registration symbol for an unregistered mark. There is no legal requirement to use the ® Symbol. However, failure to use the ® Symbol (or an equivalent phrase) will preclude you from recovering lost profits and money damages related to infringement unless you can show the infringer had actual knowledge of your registration. Showing actual knowledge can be a difficult burden to meet.

The ® Symbol is generally supposed to be added in the upper right-hand corner of the mark, logo, or "brand". However, in cases where this is not aesthetically pleasing or practical, the ® Symbol may be placed in the lower right-hand corner of the mark. Again, there is no law requiring a specific placement, but following the normal practice is the best way to avoid the issue of failure to give notice.

Call to set up an appointment to talk to one of our trademark attorneys. MI - 586-498-0670 or CA - 408-890-6549.