In Canada, there are no marking requirements.
However, it’s wise to use them to indicate ownership of your trademarks.
Trademark owners can indicate ownership or registration of their trademark through certain symbols, TM (trademark) or ® (registered trademark).
The TM symbol can be used with a trademark regardless of whether it is registered, as long as it is being used in association with products or services. TM symbol is used to indicate that you use your brand as a trademark. When I use TM symbol for my trademark, that makes no claims as to its registration status.
The ® symbol is used once the trademark is registered.
In the US, use of the federal registration symbol is regulated by federal law. One should only use ® symbol for federally registered trademarks.
How should you use trademark symbols?
In written documents (on your website, promotional materials or articles), it is only necessary to use a marking symbol when you mention your trademark for the first time or with the most prominent placement of your trademark (for example, in the header or title).
Most people mistakenly think that you have to use marking symbols every time you mention the trademark. Using marking symbols too much makes it more difficult to read your materials, so don’t overuse.
P.S. How do you type TM and ® symbols?
Easy, if you have Windows, simply press ALT+0174 to get ® and ALT+8482 or ALT+0153 to get TM.
Should you use trademark symbols?
We think you should. There are two reasons why.
First, the symbols provide notice to the public that you are claiming the symbols as trademarks and this will hopefully deter others from using your trademark for their business. Secondly, if you ever have to sue somebody for trademark infringement and you haven’t used the statutory notice (i.e. the ® symbol), then you may not be able to sue for damages or profits unless you can prove that the infringer had actual notice of your trademark rights. So our take on this – use trademark notice!
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