The Right Way to Use the ® Symbol for Registered Trademarks

I’m a Trademark Attorney based in Westminster, California. I help individuals and businesses protect their brands by registering and enforcing trademarks. One of the questions I get asked a lot is, “When can I use the ® symbol?” It may look like a small thing, but using the ® symbol correctly is important for protecting your brand and staying on the right side of the law.

So, in this article, I’m going to walk you through what the ® symbol means, when you can use it, where to place it, and what to avoid. I’ll also share some tips to keep your trademark safe. Let’s jump in!

What Does the ® Symbol Mean?

The ® symbol stands for “Registered Trademark.” This means your trademark is officially registered with the United States Patent and Trademark Office (USPTO). It shows the world that your brand name, logo, slogan, or other mark is legally protected. If someone else tries to use your registered trademark without permission, you have stronger rights to stop them.

A lot of people think they can use the ® symbol as soon as they file a trademark application. That’s not true. You can only use the ® symbol after your trademark is fully registered.

When Can I Use the ® Symbol?

You can use the ® symbol only after your trademark is registered with the USPTO. Just filing an application is not enough. You’ll get a certificate of registration when the USPTO approves your trademark. That’s your green light to use the ® symbol.

If your mark is not registered, but you still want to show that you are using it as a trademark, you can use TM (for goods) or SM (for services). These symbols don’t require registration and can be used right away. They don’t give you the same legal power as the ® symbol, but they do show others that you are claiming the mark.

Where Do I Place the ® Symbol?

Now that you know when to use it, let’s talk about where to put the ® symbol. The rule is simple: place it right next to the trademark. You can put it at the top right corner, bottom right corner, or even at the same line right after the mark.

Here are a few examples:

• Coca-Cola®

• Nike® shoes

• Apple® computers

There’s no strict rule about size, but it should be easy to see. You don’t want it to be hidden or so small that people miss it. But you also don’t need to make it huge or distracting. Just make it clear and neat.

Why Is It Important to Use the ® Symbol?

Using the ® symbol isn’t just about looking official. It has real legal power. When you use the ® symbol, you are telling the public that your mark is protected by federal law. This can scare off copycats and help you take stronger legal action if someone tries to steal your brand.

Also, if you ever need to sue someone for trademark infringement, using the ® symbol can help you get more money in damages. It shows that you gave fair warning that your trademark was registered.

But here’s the key: you can only get those benefits if you used the ® symbol correctly.

What Happens If I Use It Incorrectly?

Using the ® symbol the wrong way can get you in trouble. If you use it before your trademark is registered, it’s considered fraudulent or misleading. You could face fines or lose your chance to register the mark later. It might also hurt your credibility with customers or business partners.

I once worked with a client who printed thousands of labels with the ® symbol on their product, thinking it was allowed just because they had filed a trademark application. They had to throw away the labels and redo the packaging. It was a costly mistake—and one that’s easy to avoid with the right knowledge.

So here’s the rule to remember: No registration, no ®.

Should I Use the ® Symbol Everywhere?

You don’t have to put the ® symbol every single time you use your trademark. In fact, that might get annoying to look at. The best practice is to use it the first time your trademark appears on each page, package, or document.

For example, on a product box, you might write:

Welcome to Zoomie®—the fastest scooter in town!

You don’t need to use ® again every time you say “Zoomie” on the same package. Just once is usually enough to show that it's a registered trademark.

Also, remember to use the symbol in advertising, websites, product packaging, manuals, and anywhere else your brand appears.

A Few Final Tips

Here are a few extra tips I give my clients to help them stay on top of their trademark game:

1. Keep Your Registration Up to Date: The USPTO requires you to renew your trademark every few years. Don’t miss those deadlines!

2. Watch for Infringement: Keep an eye out for people using your trademark without permission. The ® symbol helps protect your mark, but you still need to enforce your rights.

3. Use It Proudly: You worked hard to build your brand. Show the world it’s protected!

In Closing

As a Trademark Attorney here in Westminster, CA, I see the power of proper trademark use every day. The ® symbol might be small, but it carries big weight. Use it right, and you protect your business. Use it wrong, and you might face setbacks you didn’t expect.

So remember—don’t use the ® symbol until your trademark is registered with the USPTO. Once it’s official, use it proudly, place it clearly, and keep your brand safe.

If you’re unsure about your trademark rights, or if you’re thinking about registering a new mark, I’m here to help. Feel free to reach out—let’s protect your brand the right way!

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CANEI

13950 Milton Ave. Suite 300, Westminster, CA 92683, United States

714-783-2222