Notice of Trademark Registration
By Lawrence H. Binderow

Reasons for Using a Registration Notice

Display of a registration notice is not mandatory. Use of the notice is recommended, however, for the following reasons:

• The notice advises the public of your claim to exclusive use of the mark on goods or services specified in the registration.
• The notice advises the public that the word or symbol is being used to designate the goods or services of the registration owner, and not merely as an ordinary adjective or product name. The notice also serves as a helpful warning to newspaper or magazine writers to avoid using the mark as a generic term.
• Should an infringement occur, failure to use a registration notice will limit recovery of damages or profits to the period when the infringer was aware of the existence of the registration.

Acceptable Forms of Registration Notices

The federal trademark laws specify the following three styles of acceptable notices:

1. ®
2. Reg. U.S. Pat. & TM Off.
3. Registered in U.S. Patent and Trademark Office

We recommend use of the ® symbol because it is short and easy to insert without upsetting the graphic balance of labels, brochures, and other displays of the registered mark. Positioning of the notice is not critical, but the ® symbol is normally used as a superscript immediately after the mark. There is no required minimum size for the ® symbol, and a small, unobtrusive size is perfectly acceptable as long as it is legible.

Points to Check before Using a Registration Notice

It is improper to use any of the above-listed registration notices with a mark until a federal registration of the mark has been issued. Mere filing of an application for registration does not authorize use of the notice. Similarly, issuance of a state registration does not authorize use of the ® symbol or the other notice forms listed above. Use of a registration notice should be discontinued if the registration is abandoned or canceled. A permissible and recommended procedure is to use a™ on trademarks not protected by a federal registration.