But placement is not appropriate above, below or to the left of the mark. In some aesthetic instances the symbol is placed in the lower right-hand corner of the mark. This placement is not a requirement, but accepted usage and a standard business practice-and adherence to these norms serves your notice objective by allowing readers to see what is familiar. Trademark symbols are placed immediately at the upper right of the logo, name or mark, as a superscript, in the same font as the mark, without a space. Your use of the symbol is evidence of your notice, and enables you to prove an infringer had actual notice of your trademark rights. Also, for registered trademarks (®) use of the symbol is often a prerequisite to recovering damages for infringement. The advantage of the notice provided by the symbols is that it enables others to respect (and not infringe) your intellectual property, deters them from attempting to use the name or mark for their own business, and prevents confusion in the marketplace about the identity of a product or service. Its use puts the public on notice that the mark is registered and carries nationwide rights.
The ® symbol, however, can only be used only after the USPTO officially registers your mark after your trademark application is successfully presented (it cannot be used while the application is pending).
#R TRADEMARK SYMBOL EPS FILE REGISTRATION#
The ™ and ℠ symbols can be used without a federal or state registration of the mark or name.
The symbols ®, ™ and ℠ provide notice to the world, and your competitors, that you claim trademark rights in the mark or name using these symbols. The three symbols are ™ (trademark, for products), ℠ (service mark, for services), and ® (registered trademark). If you’re like most business people you’ve probably found yourself unsure about when and how often to use service mark and trademark symbols in business writing.
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