Next to brand names you sometimes see ™ and sometimes ®. They look similar, but there is an important legal difference.
What does ™ mean?
™ is an informal notice that says “we consider this our trademark”. It can be used before registration, even without filing. It gives no protection by itself, but signals to competitors that you treat the name or logo as a brand.
What does ® mean?
® indicates a registered trademark. It may be used only after the mark is actually registered, only for the goods and services it is registered for, and in the country where it is registered.
The risk of using ® too early
Presenting an unregistered mark as registered may be considered misleading the public, and even an offence under the law. It may also hurt you in proceedings against competitors or in an opposition. So while the application is pending, use ™ only. See how long registration takes.
Registered in Israel, marketed abroad
Israeli registration does not allow using ® in countries where the mark is not registered. If you sell abroad, see registering a trademark abroad.
Tips for correct use
- Use the mark consistently, as registered.
- Do not let the brand become a generic name for the product, so it does not lose distinctiveness.
- Keep evidence of use such as invoices, packaging and advertising. It will help you defend the mark. See cancellation for non-use.
Where do you go from here?
A good trademark is chosen, checked and registered correctly from the start. At Paz Israel & Co. Law Office we support businesses, startups and entrepreneurs with availability searches, class selection, filing, responding to the examiner and oppositions, as well as registration abroad and enforcement against infringers. For more information see our trademark registration page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.