Is it illegal to use the R symbol?
Asked by: Prof. Ollie Schuster | Last update: April 15, 2026Score: 4.5/5 (16 votes)
Yes, it's illegal and fraudulent to use the ® (registered trademark) symbol for a mark that isn't officially registered with the USPTO website (United States Patent and Trademark Office) or relevant trademark office, as it falsely implies federal protection and can lead to legal penalties, weakening your actual trademark rights. You can only use ® for federally registered marks and only for the specific goods/services listed in the registration, while unregistered marks should use ™ (for goods) or ℠ (for services) to claim common law rights.
Is it illegal to use the R symbol without registering?
You can only use the federal trademark registration symbol after the USPTO accepts your claim. And you can only use this mark for the goods or services that you have registered.
When can I use R on my logo?
The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee.
Is my R copyrighted?
The circled R can only be used once you have a federal registration. This means you've applied for it and received a trademark registration from the US government.
Should you use TM or R?
Use ™ (TM) for unregistered brands to claim rights and signal intent, and use ® (R in a circle) only for brands federally registered with the USPTO, as it signifies exclusive nationwide rights, while using it prematurely can lead to legal issues. The TM symbol indicates you are claiming a mark (like a logo or name) in commerce, but has limited legal weight; the ® symbol confirms official federal registration and offers significant legal advantages.
Lawyer Explains | TM vs SM vs ® Registered Trademark Symbol - The Differences and When To Use
What does TM mean legally?
Legally, the ™ symbol (for Trademark) signifies that a company claims exclusive rights to a word, phrase, or logo used with goods, even if it's not federally registered with the United States Patent and Trademark Office (USPTO). It puts the public on notice of your claim, offering common law protection, but the stronger, federally-backed rights and exclusive use of the ® symbol only come after official registration, as the ™ indicates an unregistered mark or one awaiting application approval.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What is the (@) symbol called?
The at sign (@) is a typographical symbol used as an accounting and invoice abbreviation meaning "at a rate of" (e.g. 7 widgets @ £2 per widget = £14), and now seen more widely in email addresses and social media platform handles.
How do I get the registered R symbol?
To insert the copyright symbol, press Alt+0169. To insert the trademark symbol, press Ctrl+Alt+T. To insert the registered trademark symbol, press Ctrl+Alt+R.
Which is bigger, TM or R?
Neither ™ (TM) nor ® (R) is inherently "bigger"; they represent different legal statuses for a trademark, with ® signifying a stronger, federally registered mark (like in the US), offering much greater protection than the ™, which can be used for any claimed mark, registered or not, to put others on notice of your claim. The ® is a legal symbol reserved for marks officially registered with a national trademark office, while ™ is a public claim of trademark rights, even for unregistered marks.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
What happens if I misuse the TM symbol?
It may deter potential infringers. On the other hand, if you intentionally use a registration notice improperly, you may lose the right to register the mark in the U.S. Patent and Trademark Office, and may even lose the right to get an injunction against an infringer.
How do I protect my "R" logo?
Apply for Registration: Begin the trademark registration process with the appropriate government office to gain full legal protection. Switch to ® After Approval: Once your trademark is registered, start using the ® symbol to enforce your exclusive rights.
Can you go to jail for trademark infringement?
The penalties for criminal copyright and trademark infringement can be severe, involving: Imprisonment: Convictions can result in significant prison terms. For instance, under 18 U.S.C. § 2320, a first offense involving counterfeit trademark goods can lead to up to ten years in prison for an individual.
Can I add R to my logo?
How do you use the R Symbol? Once you have a registered trade mark it is strongly recommended that you mark your brand and any products with the ® symbol. This puts others on notice to respect your trade mark. It is illegal to use the ® symbol before your trade mark is registered.
Is R the same as TM?
R gives you much greater legal protections compared to an unregistered trademark (TM). If you register your brand name or logo (otherwise known as a “mark”), you get a legal presumption of ownership over it. Anyone who challenges your ownership has a much greater burden of proof to overcome if it's registered.
Can I use the R symbol without registering?
The federal registration symbol, ®, is only for marks registered with the USPTO. Don't fool around with this. If your mark is not registered with the USPTO then do not use it next to your mark.
Can I do a trademark by myself?
Yes, you can register a trademark yourself in the U.S. if you are a U.S. resident, but the process is complex and risky, involving crucial steps like searching for conflicts, selecting correct goods/services classes, and understanding legal nuances, making hiring an experienced trademark attorney often recommended to avoid costly errors. If you live outside the U.S., you are required to use a U.S.-licensed attorney.
Does adding a copyright symbol prevent theft?
If you ever want to bring someone to court for using your design in the United States it is required to have your copyright registered first. Registered Trademarks: This is the best protection any logo can have from theft and gives the entire Logo Design and name protection.
What is this '#' called?
The symbol # is known as the number sign, hash, (in North America) the pound sign, and has a variety of other names.
Is arroba a word?
The word arroba has its origin in Arabic ar-rubʿ (الربع) or "quarter," specifically the fourth part (of a quintal), which defined the average load which a donkey could carry.
Is the @ symbol called an "ampersat"?
What is an "ampersat"? An ampersat (@) is a typographic symbol used primarily in email addresses and social media handles to denote the user or account associated with a particular platform. For example, in the email address "example@gmail.com," the ampersat separates the user's name from the domain.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
Do I need a lawyer to trademark a name?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.