If I am a reseller of a product that has a trademark am I supposed to put the R symbol after the trademarked name? Sometimes I see it, sometimes I don't. What is the proper action?
A name, logo or other designation that has or is intended to have trademark protection does not require a suffix. However, you often see "TM" to designate that the user intends it to have trademark protections. The "R" in a circle is only proper when the trademark has been registered with the U.S. Patent and Trademark Office.
James JuoIntellectual Property Law AttorneyLos Angeles, CA ·
The R symbol is only to be used with a federally registered trademark. It is optional and not required. If you do not know whether the mark is registered with the USPTO then do not use the R symbol. If you are a reseller, do you have a sales contract with the supplier that requires use of the R symbol with the mark, such as with advertising when reselling?
It is the trademark registrant/manufacturer who is responsible for putting the indication on the product, not you. (R) is for USPTO registered mark, (TM) for trademark application pending.
My colleagues have accurately answered the question. Use of an encircled-R symbol is permissible in the United States only when the trademark is federally registered, and is optional.
Owners of trademarks typically endeavor to protect the uniqueness of their trademarks and keep them from becoming undifferentiated generic terms, as happened to former trademarks escalator, linoleum,aspirin, and telecopier, to name a few examples. As pointed out, they may include in distribution agreements particular requirements governing trademark usage.
To find out whether a trademark is federally registered, one can search online the official database at www.uspto.gov.