Trademarking and the (R) symbol

TMark

Free Member
Feb 25, 2017
64
13
If someone successfully trademarked a word, but chose NOT to trademark the logo (the word in a particular typeface, with minimal embellishment), would they be permitted to use the ® symbol alongside their logo?

Or, in that scenario, could the ® symbol only be used when the word appeared in written text ("Here at Diddlybum® we've been creating...")?
 

Hughj11

Free Member
  • Jan 28, 2021
    87
    1
    29
    London/Europe
    ipfount.com
    The (R) symbol can only be used with registered trademarks and use of it without a registration is illegal.

    In general, the symbol can only be used adjacent to the word and not any figurative element, but obviously this depends on the exact font and if the distinctive character of the trademark is changed by it.

    If the font is as you say with minimal embellishments it might be fine.

    You can use the TM symbol next to the logo/figurative element to indicate you are using it as a trademark but do not claim to have a registered mark.
     
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    TMark

    Free Member
    Feb 25, 2017
    64
    13
    Thank Hugh. Sounds like it depends how distinctive the logo is. I'd probably err on the side of not using it unless a successful logo mark registration can be acquired (which would be more likely with a more visually distinctive logo). Thanks again.
     
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