Watch out when using the symbols ® (r in the circle) and TM

• IP-IT
• Private Clients
• SME

In order to lend more significance to the products on offer or to indicate to customers or competitors that a certain sign is claimed, users may tend to use the symbols (r in a circle) ® or TM. However, the use of such signs can entail risks, as the misuse of such signs is punishable by law. The following article explains when you may use these signs for your goods and services.

Use of the symbol R in the circle ®

The protective symbol R in the circle ® may only be used if the trademark is also protected under trademark law, otherwise you run the risk of violating the provisions of the Federal Act against Unfair Competition (also relevant under criminal law) when using it in Switzerland. In other words, this means that you may only use the ® / R sign for those goods and services for which a product has been registered in the corresponding classes of goods and services in the trademark register or for which trademark protection has been granted. The protective note R in the ® circle may not be applied to those goods and services for which no corresponding trademark protection has been granted. Such an extension would also be inadmissible.

The trademark symbol TM

The trademark symbol TM means “unregistered trade mark” in the USA and is less well known in this country. Consumers and competitors in the USA can recognize from the symbol that trademark protection is claimed. In the USA, trademark protection arises primarily through use, whereas in our jurisdiction, trademark protection only arises through registration.

In Germany, the use of the TM sign is considered anti-competitive. In a decision of a German court, it was decided that at least as long as no trademark registration proceedings are pending, there is a misleading effect regarding an ongoing application for registration.

Consequences of abuse in Switzerland

According to the Swiss trademark protection authority IGE, misuse of the symbols ® and TM is punishable by law. The symbols ® and TM symbol must therefore not be used until the corresponding goods and services have been officially registered, and may only be used once and to the extent that the corresponding goods and services have been entered in the trademark register or for which goods and services trademark protection has been granted.