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When Can I Use the ® Symbol?

Posted by L. Ford Banister, II | Jul 21, 2024 | 0 Comments

You can legally use the “® ” symbol after successfully registering with the United States Patent and Trademark Office (USPTO).

The “®” symbol is a critical indicator in trademark law, denoting that a trademark is registered with the United States Patent and Trademark Office (USPTO). You may use this symbol only after the USPTO has officially registered your trademark and not during the application process. 

Using the “®” symbol with a registered trademark communicates to competitors and consumers that you have secured federal rights, which can act as a deterrent against potential infringement.

The Benefits of Trademark Registration

Registering your trademark enhances your rights and your ability to enforce them. Without registration, your claim to a trademark may be limited to the geographical area in which the trademark has been used. Federal registration, on the other hand, provides nationwide protection. It allows you to:

  • Bring legal action concerning the trademark in federal court.
  • Potentially secure rights to the trademark in other countries.
  • Record the trademark with the U.S. Customs and Border Protection to prevent the importation of infringing foreign goods.

Registering your trademark affirms your legal ownership and supports the overall value of your brand as an asset.

About the Author

L. Ford Banister, II

Principal Attorney at Ford Banister, LLC

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