What is Trademark Marking?
Trademark marking basically refers to the use of symbols to identify a word, slogan or design as a trademark. One common example is the use of the
® symbol, which in many countries indicates that the mark has been registered.
Trademark rights and laws vary from country to country. Therefore before asserting trademark rights or using trademark marks in a new country you should confirm that you can legally do so.
Why Mark Your Trademark
- It provides notice of your claim to own the mark;
- It distinguishes the mark from the surrounding text, making it clearer that you are claiming it as a trademark;
- Failure to use a registration or trademark notice may limit the remedies available in a legal action.
However, using one of these symbols does not guarantee that the owner’s mark will be protected under trademark laws.
The U.S. Situation
You cannot use the
® symbol unless the mark has been federally registered with the USPTO. The symbol
™ for “trademark” can be used to indicate that, even though a mark isn’t registered, the owner is nevertheless claiming rights in it.
The Canadian Situation
Canada’s Trade-marks Act does not include any marking requirements. As a result, there are no rules in Canada with respect to use of the
® symbol, the
™, the
℠ or the * MC (marque de commerce). For a Canadian who is potentially exporting either wares or services into the U.S., you should however be cautious with your use of the
® symbol.
