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Legal Definitions - trademark-registration notice
Definition of trademark-registration notice
A trademark-registration notice is a specific symbol or phrase used by a business or individual to publicly declare that their trademark (a brand name, logo, or slogan) has been officially registered with the U.S. Patent and Trademark Office (USPTO). This notice serves as a warning to others that the mark is legally protected nationwide, granting the owner exclusive rights to use it for the goods or services for which it is registered. The most common form of this notice is the "R" enclosed in a circle symbol (®), although the phrase "Reg. U.S. Pat. Off." is also an acceptable alternative. It is critical to understand that this notice can *only* be used for trademarks that have successfully completed the federal registration process; using it for unregistered marks or marks registered only at the state level is legally improper.
Example 1: Consumer Product Packaging
Imagine a popular brand of artisanal coffee beans called "Morning Brew®." On every bag of coffee, next to the brand name, you see the "®" symbol prominently displayed.
This illustrates a trademark-registration notice because the "®" symbol informs consumers and competitors that "Morning Brew" is a federally registered trademark. By displaying this notice, the coffee company is publicly asserting its exclusive legal rights to use that brand name for coffee products across the United States, discouraging others from using a similar name that could cause confusion.
Example 2: Software Application Interface
A tech company develops a unique mobile application for budgeting called "MoneyWise Reg. U.S. Pat. Off." This phrase appears on the app's loading screen, in the "About Us" section, and on all their promotional materials.
Here, the company uses the text-based trademark-registration notice "Reg. U.S. Pat. Off." to indicate that "MoneyWise" is a federally registered trademark. This notice communicates to users and other developers that the name of their budgeting software is legally protected, reinforcing their exclusive right to use that specific name within the financial app market.
Example 3: Service Industry Branding
A national chain of fitness centers operates under the name "Peak Performance Gyms®." The "®" symbol is visible on their building signs, membership cards, and all their online advertisements.
The "®" symbol next to "Peak Performance Gyms" serves as a trademark-registration notice, signifying that this service mark (a trademark for services) is federally registered. This informs the public that the brand identity for these fitness centers is legally protected nationwide, preventing other businesses from using the same or a confusingly similar name for gym services.
Simple Definition
A trademark-registration notice is a symbol or legend placed next to a mark to indicate that it is protected by federal registration with the U.S. Patent and Trademark Office. The most common form is the ® symbol, though "Reg. U.S. Pat. Off." is also acceptable. This notice may only be used for marks that have been federally registered.