Am I able to use the trademark symbol on our products even if the trademark is still pending?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

It depends on the symbol. The ® symbol is reserved for trademarks that have been officially registered and approved by the relevant government authority. Using it while an application is still pending is not permitted.

While a trademark application is pending, the ™ symbol can be used to indicate a claim of trademark rights and to provide general notice against unauthorized use.

Once registration is confirmed and the certificate is issued, the ® symbol can replace the ™ symbol.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.