Registered trademark symbol ®

Trademarks may be represented by names, numbers or symbols representing a unique product or service, which may or may not be formally registered. The federally registered trademark symbol ® indicates a trademark that has been officially registered with the United States Patent and Trademark Office.
Its use is not mandatory since its use is optional, but to preserve its rights the owner must affix it. In enforcement actions, if you are able to prove that the infringer was aware that you possess the r trademark ® symbol, you can apply to the court for monetary damages, including lost profits.
In the business world, the r trademark ® symbol communicates a very important meaning, since trademark owners use it to make it clear to the world that they retain their rights under federal trademark law and thus deter those who are thinking of using a similar or confusingly similar mark.

What is a Brand?

A trademark is a tool used by companies, to be attached to their products or services, that allows them to be identified as the one selling a product or service. A trademark can include names, phrases, symbols and even sounds.
However, if you have a trademark that you do not actually use in conjunction with the object of your sales, these useful elements that identify your business cannot be considered actual trademarks and in that case are not protected by registered trademarks.
In order for a trademark to qualify as a protectable mark, sales of the product or service must be sold in interstate commerce.

Difference between TM and Registered trademark ® symbol

TM is a symbol used to indicate to consumers and competitors that the mark has been claimed and is in use for goods, regardless of whether the mark has been officially registered.
The purpose of the TM symbol next to the trademark is to inform the public that the owner has a presumption that the trademark is patented. In other words, even if the trademark application is not filed, the owner still owns the trademark rights.
The ® trademark symbol, on the other hand, can only be used when registering a trademark. Not all trademarks can be protected, and regardless of whether companies place trademark symbols next to a slogan or phrase, this does not necessarily imply that they have the right to prevent others from using the term.
It is quite a different matter to see the TM symbol next to an unregistered trademark, and it would be useful to determine where the competitor is coming from. If you have the idea of applying for or using a similar trademark, you may have to desist, unless you have compelling reasons for wanting to use the term in a reasonable manner.
Another thing you should know about the TM symbol is that it is perfectly legal to use it when you want to indicate that you have customary rights that are not registered in a particular mark and that a trademark registration has not been applied for.

What does the symbol C indicate?

Copyright is used to warn the public that (non-sound) works are original works and, due to the economic and moral rights granted to creators by law, cannot be copied without the author’s consent.
It is a universally recognized symbol, but due to the Berne Convention, the use of copyright symbols for protection is not mandatory. For example, in the European Union, economic rights expire 70 years after the death of the author of the work.

What does the P symbol indicate?

The P symbol is used to notify copyright or royalties on sound works. Its name comes from ‘Phonogram’.

Where the Registered trademark ® symbol should be used

It is recommended that the trademark symbol be used in conjunction with all trademarks. It should be placed in the lower right (subscript) or upper right (superscript) of the actual note.
If the applicant chooses to use a regular size font as the symbol, it is completely acceptable to place the trademark symbol next to the end of the trademark. It is important to be clear that you can only use the ® trademark symbol for advertising and sales of goods or services.
For example, if you have a company that has obtained a federal CUZ trademark registration for hats, and the company also sells suits and handbags under the same CUZ trademark.
When using the CUZ mark to advertise and sell hats, the company can use the R trademark symbol, but when you use the CUZ mark to advertise the mark to sell suits and bags, you cannot use the ® trademark symbol but you can use the TM symbol.
On the other hand, filing an application for a trademark ® symbol, which has not been approved, does not entitle you to use the trademark symbol.

Steps to obtain the ® registered trademark symbol

• Choose a different name / logo / tagline
• Perform a trademark search to verify the availability of the required trademark at the USPTO.
• Selects the appropriate application basis for the trademark application, generally 1 (a) application for trade use or 1 (b) application for intent to use trademark.
• Choose the appropriate product or service category.
• Enter the goods or services that were sold under the trademark.
• Submit samples of use of the trademark in the marketplace.
• Submit date of first use and date of first commercial use
• Submit filing fee payments of $225.00 or $275.00 for each category of goods or services
• You can register with us and the advice of an attorney for only 350 dollars. www.mxmarks.com

Does the ® trademark symbol have to be included in the trademark application?

It is a very common mistake often made by trademark applicants to place the ® trademark symbol in the trademark application. TM, SM and R are symbols that are not registrable as trademarks and will undoubtedly result in action by the Trademark Office.
To make matters worse, if the trademark application contains the ® trademark symbol, the applicant is in clear violation of federal law and the trademark application will not be approved.

Why does this happen?

After receiving the application for trademark review, the examiner will consider each case submitted very carefully. If the federal trademark symbol is used with the filed trademark or any part of the trademark, the examiner will consult the USPTO registry.
The existence of the registered part of the trademark, therefore, the acceptability of the use of these symbols. If the examiner cannot find the USPTO registration, he will take the respective office action.

Countries using the ® trademark symbol

Although the United States is arguably the country that most frequently uses the ® trademark symbol, other countries around the world also rely on this powerful symbol to alert competitors to trademark rights and designate registration.
In the event that a foreign applicant makes use of the ® trademark symbol on trademarks filed with the USPTO in connection with a registration in a foreign country, use of the trademark symbol is considered appropriate.
Countries that use the ® trademark symbol:

• Belgium
• Germany
• Guatemala (People’s Republic of)
• China (People’s Republic of)
• Costa Rica (People’s Republic of)
• Luxembourg
• Netherlands
• Nicaragua
• Hungary, Republic of
• Poland
• Denmark
• Ecuador
• Sweden

When does a rejection occur because it does not work as a brand?

When a refusal is made based on the fact that the mark does not function as a trademark, it may be because the examining attorney believes that the mark applied for did not specify the source of the goods or services.
This refusal can apply to the informational part, as well as to any type of mark that appears ornamental or conveys thoughts or emotions.

How to respond to a trademark rejection for not being functional as a trademark?

If the trademark application is refused on the grounds that the source of the mark cannot be specified, the applicant will not win on the refusal with evidence of distinctiveness. Supplemental registration does not apply to subject matter that has no trademark function.
Instead, the appropriate response must include evidence that the relevant consumer regards it as a mark of origin to distinguish the applicant’s product from the competitor. If the trademark contains other registrable wording, the examiner may require a disclaimer.