Trade Mark Most Asked Questions

In most jurisdictions, you can use the registered trade mark symbol only after your trade mark is successfully registered with an intellectual property office. There are rare exceptions where this is not regulated, but it’s advisable to follow the rule to avoid confusing customers. Using the ® symbol before registration can lead to your application being dismissed. Your registration will only be valid in the countries where the intellectual property office has approved your application.

There are no strict rules on the placement of the ® symbol. The main point is to ensure its visibility. Common placements include superscript in the top right corner or subscript in the bottom right corner of the mark. Examples of placement include:

• Top-right corner: Nike, Google, Microsoft.
• Bottom-right corner: Pepsi, Burger King, 

You can only use the ® symbol with the exact version of your mark that is registered. If you use different versions or make small changes to your mark, it is still protected, but you should use the ™ symbol instead. The ™ symbol can also be used once you file your trade mark application, indicating that your mark is in the process of obtaining full protection.

If someone copies your brand, ensure they are infringing on your trade mark, i.e., operating in a market where you have protection and in a similar industry. You can send a cease and desist letter or offer a licensing agreement. If these options fail, litigation is an option, but it can be time-consuming and expensive.

As the trade mark owner, you are responsible for enforcing your rights. If you find a business copying your brand, you can contact them directly or hire an attorney. Ensure your trade mark protection applies in the jurisdiction and industry in question. If the other party refuses to comply, you can send a cease and desist letter via a lawyer.

Yes, you can licence your trade mark to a third party through a trade mark agreement. This agreement does not transfer ownership rights but allows the third party to use the mark. The agreement should be recorded with the relevant IP office for public record and protection against claims of abandonment.

Yes, you can start using your brand in commerce while your trade mark application is pending. In the US, trade mark rights are primarily acquired through actual use in commerce. Filing an application in jurisdictions like the EU or UK gives you a priority right. Using the ™ symbol indicates that you are claiming trade mark rights until your mark is registered, at which point you can use the ® symbol.

You should have a fully registered trade mark to send a cease and desist letter. Once your application is approved, your rights retroactively apply from the filing date, allowing you to address any infringement that occurred during the registration process.

Trade mark registration does not automatically grant you a domain name. You must check its availability and register it separately. Filing a trade mark can prevent others from using your mark as a domain name, providing protection against infringement.

A trade mark can offer protection against competitors using your brand name in Google Ads. The extent of protection depends on the jurisdiction and specific circumstances. You can report infringing ads to Google, which may take action against them. In severe cases, legal action may be necessary, so consult a trade mark attorney for advice.