Discover how trademark, patent, and software law can help small business, entrepreneurs, and inventors. Check my blog for questions and answers.

What is proper notice for a registered trademark?

What is the proper verbiage for a web site or marketing materials for a registered trademark statement?

There are three ways to provide statutory notice:

  1. Use circle r, that is: ®
  2. Registered in the U.S. Patent and Trademark Office
  3. Reg. U.S. Pat. & Tm. Off.

These are the only three ways provided by 15 USC 1111, which says:

Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

I hope that helps. It is always a good idea to have your notice of trademark reviewed by your attorney.

What is Pro Se?

What symbol can I use BEFORE the trademark is issued?