The ® symbol may only be affixed to a trademark that has been approved for registration, and its use is limited to the approved goods or services. In practice it is usually placed at the upper right or lower right corner of the trademark; affixing it declares that the sign is a registered trademark.
Correct Use of ®
- Object of marking: it must be identical to the trademark device on the registration certificate; you must not alter the distinctive features and still affix ®.
- Position: the upper right or lower right corner of the trademark device is customary, and the font size should not be so large as to overwhelm the mark.
- Scope of use: only on the approved goods or services and their packaging, manuals, advertising, and similar scenarios.
When ® Must Not Be Used
- The trademark is still pending or in the preliminary approval publication stage and not yet registered;
- The trademark is used on goods or services beyond the approved items;
- Continuing to use ® after the trademark has been cancelled, revoked, or has expired without renewal. These situations may constitute using an unregistered trademark while passing it off as registered, which under Article 52 of the Trademark Law may be stopped by the market regulation authority with an order to correct within a time limit, and a fine may be imposed.
Difference Between TM and ®
TM is not a statutory symbol; it merely indicates use as a trademark and may be used for pending or unregistered signs. ® is the exclusive symbol of a registered trademark and may be used properly only after the certificate is obtained.
If you are unsure about any of the above, you can first run trademark monitoring through MyTMBee and act after a recorded agent provides an analysis.