Is it illegal to use the R symbol without registering?

Asked by: Krystal O'Keefe  |  Last update: February 1, 2026
Score: 4.1/5 (47 votes)

Yes, it's illegal and risky to use the ® (registered trademark) symbol without actual federal registration with the USPTO (United States Patent and Trademark Office) because it constitutes a false claim, potentially leading to civil lawsuits, cancellation of your trademark, and accusations of fraud, though unintentional misuse might result in milder penalties than intentional fraud. Instead, use the ™ (trademark) or ℠ (service mark) symbols for unregistered marks to claim rights, as they don't carry legal penalties for incorrect use.

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.

Is it illegal to use the R symbol?

In the United States, it is proper to use the registration symbol ® only to give notice that a trademark has been federally registered in the United States Patent and Trademark Office. The proper form of registration notice is the letter "R" in a circle ® placed in immediate conjunction with the registered mark.

Can I use a trademark without registering it?

Businesses may use the ™ symbol (note that service businesses use an SM symbol) to indicate that they consider a mark to be their trademark, even if it is not registered. This symbol provides notice to others of your claim of exclusive rights to the trademark.

Can I put a copyright symbol on my website without registering?

In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

CAN YOUR BUSINESS PUT A TM SYMBOL ON A LOGO *WITHOUT REGISTERING IT ‼️

24 related questions found

Can I sue for copyright infringement without registration?

Can I Sue for Copyright Infringement Without Registration? No, an individual cannot bring a lawsuit for copyright infringement without first registering their copyright. It may be possible to sue for an injunction that would order the individual using the copyrighted work to stop using it.

Can you just use the copyright symbol?

Displaying the copyright symbol is not a legal requirement to establish copyright – you automatically have this for any original works you create. However, proper use of the copyright symbol can help to show when a piece was created in case there is any dispute over this and can discourage copyright infringement.

What is the R registered symbol?

The R in a circle comes from US law and indicates that a trade mark is registered with the US trade mark office, the USPTO. Use of the ® symbol confirms the mark's full trade mark protection.

Can a company sue you for using their logo?

Using a competitor's logo in your marketing is a high-risk move that can easily lead to legal consequences. Trademark infringement, false advertising, and unfair competition laws all provide grounds for your competitor to sue if they believe your use of their logo is misleading or damaging to their brand.

Can you enforce an unregistered trademark?

Unregistered trademarks may still be protected by common law and unfair competition laws. If you do not register your trademark, you will have legal rights only within the geographic areas where you operate.

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.

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.

How to get the copyright r symbol?

Insert copyright and trademark symbols

  1. To insert the copyright symbol, press Alt+0169.
  2. To insert the trademark symbol, press Ctrl+Alt+T.
  3. To insert the registered trademark symbol, press Ctrl+Alt+R.

Is Taylor Swift's name trademarked?

Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
 

Should I use TM or R?

Use ™ (TM) for an unregistered trademark to claim rights to a brand name or logo in commerce, signaling you intend to own it; use ® (R in a circle) only after your trademark has been officially registered with a national patent and trademark office (like the USPTO) for full legal protection and nationwide rights. Using ® prematurely is misleading, while ™ establishes your common law rights and deters infringement before formal registration. 

What symbol do you use if the trademark is not registered?

The letters TM stand for “trade mark” and are a trademark symbol for unregistered trademarks – names, phrases, logos, and slogans – that have not been registered with the U.S. Patent and Trademark Office. The TM symbol is notice of your ownership of an unregistered trademark.

What happens if you use a logo without permission?

If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission.

What is the 3 month rule for copyright?

The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP. 

Can I put a Nike logo on a shirt for personal use?

Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.

How do I get permission to use the circled R?

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.

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.

Can I use the trademark symbol without registering?

Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.

Can I put a copyright symbol on my work without registering?

Using a copyright notice doesn't require copyright registration of a work or any specific permission. If there is a copyright symbol, and you search your country's copyright office there's no guarantee that that you'll find the work registered there (although it's always a good start for locating a copyright owner).

Can I use a trademark before registration?

Although you don't need to use your mark in commerce before filing an application, you must show actual use of your mark in commerce by filing documents and paying additional fees within certain time frames before your mark may register.