What are the symbols ® and ™? When do you use them and why?

It is very likely that you will come across the symbols ® and ™ in connection to the name of a product, companies, logos etc. The symbols are used in connection to trademarks – both in Denmark and abroad. While there can be specific rules on the use abroad, this is not the case in Denmark. However, if you use the symbols, you should make sure to use them correctly no matter which country you use them in.

When is ® used and when is ™ used?

™ is short for ”trade mark” and is normally used together with trademarks that are not registered but are nonetheless considered as trademarks by the owner. You can use the ™ symbol to signal to others that you consider a product name, logo etc. a trademark even if it is not registered. However, as it always is you should make sure in advance that your use does not infringe third parties’ earlier rights. In other words, you should not use the symbol without having conducted an availability search. 

® symbol is used together with registered trademarks. The symbol shows that you have registered your exclusive right to use the trademark at hand. 

In Denmark you do not have to use the ™ or ® symbols but in some countries the scope of your rights can depend on the use of the symbols, e.g. in the US where it can play a role in regard to damage claims. In certain other countries it is illegal to use a symbol in an incorrect manner as it can mislead people into believing a trademark is registered without it being the case. 

Thus, you should think about the use of the symbols in relation to the different countries. If the trademark is only registered in Denmark, you should not use ® in connection to the mark in other countries where it is not registered – at least not without ensuring that such use is allowed in the countries at hand. It is always recommendable to check up on the rules on the use of ™ and ® abroad if you wish to promote or export your goods and / or services.

SAVI® can help you look into the rules in most jurisdictions through our global network of IPR experts.

Also read about the use of © here.