The registration mark (®) should be placed at the upper right or lower right corner of the registered trademark. This is the express requirement of Article 63 of the Implementing Regulations of the Trademark Law; either position is acceptable, but keep it consistent across the site and across packaging.
Legal Basis
Article 63 of the Implementing Regulations of the Trademark Law provides: when using a registered trademark, the words "registered trademark" or a registration mark may be indicated on the goods, the packaging of the goods, the manual, or other attachments. Registration marks include the circled character 注 (Zhu) and the (®). When a registration mark is used, it shall be placed at the upper right or lower right corner of the trademark.
Practical Points
- It may only be placed on an approved registered trademark: the (®) corresponds to the trademark representation on the registration certificate; it may not be placed next to an altered or unregistered mark.
- The size should not overshadow the mark: the (®) usually appears as a small superscript and should not interfere with recognition of the main body of the trademark.
- Marking is a right, not an obligation: omitting the (®) does not affect the exclusive right, but marking helps publicize the status of the right, deter counterfeiters, and support a "knowing" claim in infringement litigation.
- Multiple trademarks are marked separately: where several registered trademarks are used on one product, each may carry its own (®).
Common Mistakes
Placing the (®) to the left of or directly above the trademark, or enlarging it to the same size as the trademark, is non-compliant though not illegal; but using the (®) on an unregistered trademark constitutes passing off as a registered trademark and is punishable.
If you are facing the above issues, you can first obtain trademark monitoring at MyTMBee to confirm feasibility before deciding whether to submit, avoiding blind filings that waste official fees.