By now, you may have noticed how the typographic symbol “®” sits as a superscript or subscript at the end of most well-known, recognizable brand names, symbols, taglines, etc. Well, the “®” lets you and the rest of the general public know that the preceding word(s) or graphic has been officially registered with the United States Patent and Trademark Office (USPTO). Therefore, it indicates that it is legally protected and cannot be claimed or used by any external third parties. So, as an up-and-coming business owner, you may want to look further into how to get this symbol tacked at the end of your trademarked work. For this, please continue reading to learn whether you can use the registered trademark symbol (®) before formally registering with the USPTO and how an experienced New Jersey trademark lawyer at The Ingber Law Firm help you follow the correct process.
Can I use the registered trademark symbol (®) before registering with the USPTO?
To reiterate, the “®” indicates that a trademark owner has completed the registration process with the USPTO and now holds exclusive rights to use this mark for the products and services listed within its registration. So, it is technically illegal to use this symbol before getting this much-needed approval from the USPTO. This is because the USPTO may suspect you are “falsely claiming trademark protection” and even accuse you of fraud. With this, you may be up against hefty fines and other legal consequences. Ultimately, the USPTO may refuse to approve any trademark applications you bring forward in the future.
It is worth emphasizing that your trademark application process must be completely finalized before you adopt the “®” in your brand. That is, you may face similar consequences as mentioned above if you start using it when your application is still being processed and pending approval.
Can I use something else besides “®” in the meantime?
On average, your trademark application process may take anywhere between 12 to 18 months to complete. During this waiting period, though, you may be anxious to establish the legitimacy of your brand and indicate its legal protections through a symbol as powerful as the “®.” Well, you may be relieved to learn that there is a substitute symbol you may utilize in the meantime.
Namely, you may use the “™” symbol, which stands for “trademark,” freely on any brand name, symbol, tagline, etc. you wish to protect. This symbol does not require registration with the USPTO at any point; rather, it indicates your claimed rights to the mark based on common law. Also worth mentioning is the “℠” symbol, which stands for “service mark.” It is exclusively used to protect branded services.
To better understand your legal rights in the matter at hand, please seek the advisement of a sound and skilled Essex County, New Jersey intellectual property lawyer. Please feel confident in knowing that our team at The Ingber Law Firm has significant experience in handling legal cases just like yours. So call us today.
