Registration symbol
The R in a circle. Only for registered marks.
Using it before registration is improper and can be held against you. Before registration, TM for goods or SM for services signals a claim of rights without asserting a registration you do not have.
Why it matters to your application
A small symbol with real legal weight. Used correctly it puts the world on notice and strengthens what you can recover from an infringer. Used before your registration issues, it is improper, and an opponent will raise it - it has been treated as evidence of bad faith in disputes.
In order
- Use TM for goods or SM for services while the application is pending. Both are free to use and claim nothing you do not have.
- Switch to the R symbol only once the registration certificate has actually issued, not when the mark is approved or published.
- Use it only for the goods and services the registration covers. A registration in one class does not license the symbol across your whole catalogue.
- Sweep your own channels when registration issues: packaging, website, marketplace listings and social profiles usually all need updating.
How this plays out
A founder adds the R symbol the week the mark publishes for opposition, months before registration. An opposing party raises it as improper use. Nothing about the underlying brand was wrong - the symbol was simply used too early.
About registration symbol
When can I legally use the R symbol?
Only after the registration has issued, and only for the goods and services it covers. Before that, TM or SM is the correct choice.
Is it compulsory to use the symbol?
No, but failing to use it can limit the damages recoverable from an infringer, so there is a practical reason to.
Can I use the R symbol on a Supplemental Register registration?
Yes. It is a federal registration and the symbol is proper.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Cease and desist letter
A formal demand that someone stop using your mark.
After registrationMadrid Protocol
A treaty for extending your mark to other countries.
After registrationSection 8 declaration
Proof you are still using the mark, or it gets cancelled.
After registrationSection 15 declaration
Optional filing that makes your registration much harder to attack.
After registration