How to use the symbol ® in the trademark?

  In daily life, we often encounter some signs with the word ® but we don’t know what it means. When can this sign be used on a trademark? T2H Lawyers would answer this question.

  What does the symbol ® mean?

  The symbol ® stands for “Registered” – registered and this is one of the signs indicating the legal status of a trademark. When a product or service has the symbol ® above, it means that the trademark has been registered for protection with a competent state agency, specifically it has been granted a Certificate of trademark registration by the National Office of Intellectual Property and still protected in Vietnam. If not, this symbol cannot be used.

  If we use the symbol ® without registration:

  According to the regulation of Article 6, Decree No. 99/2013/ND-CP on sanctioning of administrative violations in industrial property, “providing wrong indications on the legal status and scope of protection of industrial property rights” may be sanctioned as follows:

  – A warning or a fine of between VND 500,000 and 1,000,000 for individuals and between VND 1,000,000 and 2,000,000 for organizations.

  – Apply remedial measures:

  + Forcible removal of infringing elements on goods and means of business;

  + Forcible public correction of errors

  Infringements of provisions on indications of industrial property rights protection in Article 6 of Decree No. 99/2013/ND-CP shall be construed as follows:

  Act of false indication of legal status specified at Point b, Clause 1, Article 6 of  Decree No. 99/2013/ND-CP shall be understood as the use of indicative information misleading that a subject enjoys the industrial property rights protection in Vietnam though he/she/it is not or has not been eligible for protection, including the case where he/she/it has filed a registration application but is not yet granted a protection title or his/her/its protection title has been revoked or invalidated, or the term of protection has expired, for example: Printing on his/her/its products, goods, goods packages, means of business or means of services an indication misleading that such products, goods or services bear protected marks, such as “mark registered for protection,” “protected mark,” “mark under exclusive right of…,” including the use of the symbol ® (indicating that a mark has been granted a mark registration certificate).

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