No. The (®) is the mark reserved for registered trademarks; only trademarks approved for registration by the CNIPA may use it. Placing the registration mark (®) on an unregistered trademark constitutes "passing off an unregistered trademark as a registered trademark" under Article 52 of the Trademark Law and is illegal.
Legal Consequences
Under Article 52 of the Trademark Law, whoever passes off an unregistered trademark as a registered trademark shall be stopped by the local market regulation authority and ordered to rectify within a time limit, and a notice of criticism may be circulated; where illegal business revenue is RMB 50,000 or more, a fine of up to 20% of the illegal business revenue may be imposed; where there is no illegal business revenue or it is below RMB 50,000, a fine of up to RMB 10,000 may be imposed.
Common Misconceptions
- "I can use the (®) once the application is filed": wrong. A trademark typically takes months from application to approval; during that time it is merely "pending," not registered. Even with a filing acceptance notice, you may not use the (®).
- "Using the TM mark is legal anyway": the TM mark has no statutory meaning in China; anyone may use it, it confers no rights, but it is not punishable either.
- "Small-scale use is fine": market regulation enforcement and professional counterfeit-hunters both follow (®) markings on packaging, web pages, and promotional materials as leads; once reported, the matter enters the enforcement process.
The Correct Approach
Apply the (®) only after the trademark is approved for registration; during the application period, use neutral wording such as "trademark application pending" if identification is needed; and complete the registration as soon as possible to fundamentally qualify for the registration mark (®).
If you encounter a similar situation, we recommend first consulting a registered agency at MyTMBee to assess whether trademark monitoring is needed before deciding on the next step.