Using the R symbol on trade marks
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5 April 2012
There is no requirement to use the R or TM or RTM sign on your
registered trade mark.
There is, however, a rule that you may not use the R or the RTM symbol
next to an unregistered trade mark this is because section 95 of the
Trade Marks Act 1994 says this:
(1) It is an offence for a person-
(a) falsely to represent that a mark is a registered trade mark, or
(b) to make a false representation as to the goods or services for
which a trade mark is registered knowing or having reason to believe
that the representation is false.
(2) For the purposes of this section, the use in the United Kingdom in
relation to a trade mark-
(a) of the word "registered", or
(b) of any other word or symbol importing a reference (express or
implied) to registration, shall be deemed to be a representation as to
registration under this Act unless it is shown that the reference is to
registration elsewhere than in the United Kingdom and that the trade
mark is in fact so registered for the goods or services in question.
If found guilty of an offence contrary to section 95 then the person
will be liable to a fine not exceeding level 3 on the standard scale.
By Paul Bicknell (firstname.lastname@example.org)
About the Author
Lawdit Solicitors offer services and
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Article Published/Sorted/Amended on Scopulus 2012-05-17 12:38:33 in Legal Articles