® is the abbreviation of the English word Registered and, together with the words "registered trademark" and the character "注," is a statutory registration symbol under Chinese law. Its use has a clear precondition: it may be marked only where the trademark has been approved for registration. Marking ® on an unregistered sign is not a matter of looking more formal—it is a statutory violation. Understanding the legal meaning and use rules of ® helps a brand avoid a common compliance pitfall.
Legal Meaning
Article 63 of the Implementing Regulations provides that, in using a registered trademark, "registered trademark" or a registration symbol may be indicated on the goods, packaging, instructions, or other attachments; the registration symbols include "注" and "®"; and the registration symbol shall be marked at the upper-right or lower-right corner of the trademark.
From this it follows:
- ® is a mark declaring the status of rights; it creates no rights by itself;
- only registered trademarks may use it;
- there is a clear requirement as to placement: usually at the upper-right or lower-right corner of the trademark.
Legal Risks of Using ® Without Registration
- Passing off as registered: under Article 52 of the Trademark Law, using an unregistered trademark as if registered shall be stopped by the local department for industry and commerce administration, with a deadline for correction; a public notice may be issued, and a fine may be imposed;
- False advertising: marking ® on e-commerce pages or promotional materials without actual registration may be deemed false or misleading commercial publicity, incurring liability under the Anti-Unfair Competition Law;
- Platform risks: some e-commerce platforms have review mechanisms for proof of rights; marking ® without being able to provide a registration certificate may trigger complaints, takedowns, or store penalties;
- Evidentiary disadvantage: in disputes, once the ® marking is found to be untrue, the brand's credibility and subsequent enforcement claims may be affected.
Relationship with TM
TM is not a statutory registration symbol under Chinese law and may be used on unregistered marks; ® is the statutory registration symbol and may not be used on unregistered marks. The correct usage is: mark TM before approval, and switch to ® after registration. The two are especially easy to mix up in cross-border operations; after approval, it is advisable to update packaging, pages, and materials uniformly and synchronize internal usage standards.
Points of Use
- Timing: use ® only after approval by CNIPA—never before;
- Scope: the registration symbol should be used on the approved trademark and the designated goods or services; use beyond the designated scope may constitute passing off;
- Placement: mark at the upper-right or lower-right corner of the trademark as required;
- Consistency: the representation and colors should match the registration certificate, and ® should not be kept after unauthorized modification;
- Retain proof: keep the trademark registration certificate and a timeline of physical materials bearing the symbol, for platform review or disputes.
Common Pitfalls
- Believing the application can be marked ® once filed: an acceptance notice is not a registration certificate; only approved registration permits use of the registration symbol;
- Believing an overseas registration permits ® in China: trademark rights are territorial; using ® within China must be based on a Chinese registration;
- Believing ® is mere decoration that no one polices: passing off as registered is conduct subject to administrative penalties and is increasingly a handle for e-commerce complaints.
The application of these concepts in practice varies in detail; before proceeding, you may consult a registered agent via MyTMBee for targeted analysis.