Can you use the ® symbol before your trade mark is registered?

Tips

One of the questions we’re asked most often at Trademark Eagle is: ‘Can I use the ‘R’ (®) registered trade mark symbol before registration?’ The answer is clear; no, you can’t.

We know it’s tempting to want to protect your brand and business as quickly as possible, but using the ‘R’ symbol before the trade mark is registered can do much more damage than good.

Is it illegal to use ® before a trade mark is registered?

Yes, under Section 95 of the Trade Marks Act 1994, using the ‘R’ symbol before the trade mark is registered is considered a criminal offence in the UK.

Similar laws exist in other countries across the world, so it’s important to research all the rules and regulations for the country or countries you’re interested in trading in before using any symbols.

What can happen if you use ® too early?

As it’s illegal to misuse the ‘R’ symbol in the UK, there are other options open to you which are preferable until your trademark is officially registered. Avoiding the potentially negative consequences of using the ® too soon is strongly recommended.

Therefore, we always recommend speaking to an expert legal advisor, like Trademark Eagle, before using any trade mark symbols.

What should you use instead while a trade mark application is pending?

While you’re waiting for your trade mark to be officially registered and granted by a national government trade mark office, another symbol you can use is the ‘TM’ (™) trade mark symbol.

The trade mark symbol is used to put people on notice that you are claiming rights in your trademark and this claim can be used against either physical goods or services.

This symbol can be used by anyone to claim ownership and rights to their brand name, logo, or product slogan – regardless of whether the mark is in the process of being registered or not.

Crucially, however, this symbol does not have the same meaning or grant the same legal protection as the ® registered trade mark symbol.

The degree of legal protection it provides typically relies on common law (unregistered) rights, which are accrued through substantial use of a trade mark and include common-law torts, such as ‘passing off’.

The ® registered trade mark symbol, on the other hand, offers more comprehensive protection and gives owners the tools to more easily take action against any unauthorised use of their trade mark

Relying on a registered trademark in disputes is often easier and more cost effective than trying to assert rights in an unregistered trademark..

How long does trade mark registration take?

Unsure when you’ll be able to switch from ™ to ®?

The trade mark registration process for an uncomplicated application typically takes between 3–4 months in the UK and around 6–9 months for the EU after submission at the Registry.

However, if there are objections to the application for registration this may take longer.

Fortunately, Trademark Eagle’s team of legal advisors will keep you updated at every stage of the process, so you always know exactly what’s happening with your application.

We also work quickly from the start, undertaking the trade mark word searches and reporting them back to you usually within 24-48 hours of receiving your instructions.

This swift approach ensures we have greater insight into whether your mark will be accepted under current law and if there are any existing registered trade marks that might pose challenges.

We’ll outline our recommendations in a comprehensive search report and discuss the findings with you before proceeding to draft the description of your products and file it at the Registry.

Speed up the process: Start your trade mark application with Trademark Eagle

Securing your trade mark by officially registering it is one of the first and most important steps you should take when you are starting a new business or adding new products to an existing one.

Registered trademarks are very valuable assets that allow their owners to prevent unauthorised use of a mark that is the same or similar.

If a trade mark has been registered within the last 5 years in the UK and EU, then you do not have to have used it in order to try and stop someone who starts using a competing mark. That said, the law is complex and taking legal advice early on is highly recommended.

While you can’t legally use the registered trade mark symbol before it’s been officially registered with a national government trade mark office, we can help you to accelerate the registration process.

Our proactive approach helps to limit potential issues with trade mark registration, managing the complexity of the application and increasing the likelihood of a swifter, smoother registration process.

To learn more about trade mark symbols and when to use them, the cost of registering a trade mark, or to discuss your specific requirements with a member of our team, you can get in touch via:

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