Introduction

The symbols ® (Registered) and ™ (Trademark) are commonly seen next to brand names and logos, but many businesses and entrepreneurs don’t fully understand their meaning, legal implications, or proper usage. Using these symbols correctly is essential to indicate trademark rights and prevent unauthorized use of a brand.

In this article, we will explain the differences between ® and ™, how to use them properly, and the legal benefits they offer to businesses in Brazil and internationally.

1. What Do the ® and ™ Symbols Mean?

™ (Trademark Symbol)

• The ™ symbol stands for “trademark” and can be used even if the trademark is not yet officially registered.
• It serves as a warning to competitors that the brand owner claims trademark rights.
• The ™ symbol does not provide legal protection—it only shows that the brand is being used as a trademark.

✅ Who Can Use the ™ Symbol?

• Any business that wants to establish brand recognition.
• Entrepreneurs who have applied for a trademark but have not received final approval.
• Companies operating in countries where the ™ symbol is commonly used (e.g., the United States).

® (Registered Trademark Symbol)

• The ® symbol means that the trademark is officially registered with the relevant government agency, such as INPI (Instituto Nacional da Propriedade Industrial) in Brazil.
• It provides exclusive legal rights to use the brand name or logo.
• Unauthorized use of the ® symbol on an unregistered trademark is illegal.

✅ Who Can Use the ® Symbol?

• Businesses with a fully registered trademark at INPI or another official trademark office.
• Companies that have received final approval for their trademark.

2. Legal Benefits of Using ® and ™

2.1 Prevents Unauthorized Use

Using ™ or ® signals that a brand is protected, discouraging competitors from copying it.

2.2 Provides Legal Protection

• The ® symbol offers full legal protection, allowing businesses to take legal action against unauthorized users.
• If a trademark is not registered, legal disputes become harder to win.

2.3 Increases Brand Value

Trademarks are valuable business assets. A registered brand can be:

• Licensed to other companies.
• Franchised for business expansion.
• Sold at a high market value.

3. How to Properly Use ® and ™ Symbols?

3.1 Placement of the Symbols

• The ™ or ® should be placed next to the brand name or logo, usually in the top right corner or at the end of the name.

✅ Examples of Correct Usage:

• Nike™ (if the brand is not yet registered)
• Coca-Cola® (if the brand is officially registered)

3.2 Geographic Restrictions

• In Brazil, the ® symbol should only be used after INPI approves the registration.
• In the U.S. and other countries, businesses can use ™ before registration and switch to ® after approval.

🚫 Illegal Use of ®:

• Using ® before receiving official registration can lead to legal penalties.
• Misleading consumers about a trademark’s registration status is considered fraudulent practice.

4. How to Register a Trademark to Use the ® Symbol?

Step 1: Conduct a Trademark Search

Check if the brand name is already registered at INPI’s online database (www.inpi.gov.br).

Step 2: Submit the Trademark Application

• File the application with INPI and pay the required fees.
• Choose the correct class of goods or services under the Nice Classification system.

Step 3: Wait for Approval

• INPI examines the trademark, a process that may take 12-24 months.
• If there are no legal oppositions, INPI grants the trademark certificate.

Step 4: Use the ® Symbol

• After INPI approves the registration, you can legally use the ® symbol on products, advertisements, and marketing materials.

5. What Happens If Someone Uses Your Trademark Without Permission?

If another business copies your brand name or logo, you can take the following actions:

✅ Send a Cease-and-Desist Letter – Inform the infringer that they are using a registered trademark illegally.

✅ File a Legal Complaint – If the unauthorized use continues, you can file a lawsuit in Brazilian courts.

✅ Request Trademark Cancellation – If someone registers a trademark too similar to yours, you can file an opposition with INPI.

6. Common Mistakes When Using ® and ™

❌ Using the ® Symbol Before Registration – This is illegal and can result in fines or lawsuits.

❌ Not Using Any Symbol – Without ™ or ®, competitors may assume the brand is unprotected.

❌ Incorrect Placement – The symbol should always be next to the trademarked name or logo.

Conclusion

Understanding the difference between ™ and ® is crucial for businesses that want to protect their brand. While ™ can be used without registration, only businesses with official trademark approval from INPI can use ® legally.

Using these symbols correctly prevents brand theft, increases business credibility, and provides legal protection. If your trademark is not yet registered, consider applying for INPI registration to secure full rights to your brand and enjoy the legal benefits of the ® symbol.