What is the difference between ® and ™?

In principle, you may only use the ® symbol in those countries where your trademark has actually been registered. You may use it after the registration procedure has been completed and thus not from the date on which you filed the application.

The use of the ® symbol is not obligatory but recommended as it is a warning to the competition and also a signal to the public that you consider a certain mark to be a trademark. Especially when a trademark tends to be identified with the product, it is important to prevent the public from perceiving your trademark as a generic name.

In principle, the TM symbol does not indicate that your trademark has been registered, but merely that you are using a certain mark as a trademark. Since on the European continent in particular the right does not arise through use but through registration, the importance of the TM symbol is relatively limited here. However, in common law countries where trademark rights may arise from use, the use of this symbol may be useful.

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