The ® symbol: useful trade mark notice or legal myth?
Many businesses place the ® symbol next to their trade marks. Some do it systematically, others never use it. But what legal significance does the ® symbol actually carry?
As explained below, that symbol can help, but it is rarely decisive on its own. When used properly, it may be useful in trade mark disputes, but when used incorrectly, it may create unnecessary and important risks.
What does the ® symbol mean?
The ® symbol indicates that a trade mark has been registered with a trade mark office. It signals to the public and competitors that the sign benefits from registered trade mark protection.
In the European Union, there is no obligation to use that ® symbol. A registered trade mark remains enforceable whether or not the proprietor displays the ® symbol next to the sign.
Does the use of the ® symbol have evidential value in trade mark disputes?
For many years, EU courts adopted a cautious approach.
In its judgement of 14 February 2017 (T-15/16), the General Court (“GC” or “Court”) examined whether the sign “CYSTUS” was used as a trade mark or merely as a description of the main ingredient of the products. The trade mark owner argued, among other things, that the presence of the ® symbol demonstrated trade mark use. However, according to the GC, there is no established practice whereby the ® symbol automatically confers distinctive character on a descriptive indication. Therefore the ® symbol is not a determining factor when assessing whether a sign is used as a trade mark. The Court also noted that the ® symbol had been used inconsistently, sometimes appearing next to the sign and sometimes not. For the Court, this further reduced the ® symbol evidential value.
In its judgement of 7 July 2021 (T-205/20), the GC held the same reasoning. The Court again stated that the use of the ® symbol is not sufficient to establish that a sign is used as a trade mark indicating commercial origin.
More recently, in its judgement of 28 January 2026 (T-46/25), the Court ruled again that the presence or absence of the ® sign has a limited impact on how the relevant public perceives the sign.
Nevertheless, a recent judgement of the GC suggests that the ® symbol may carry greater evidential weight than previously thought.
In its “Obelix” judgement (T-24/25) of 13 May 2026, the Court criticised the EUIPO Board of Appeal for failing to take into account evidence showing that the sign “OBELIX” was accompanied by the ® symbol on various products. It also noted that where the signs “ASTERIX” and “OBELIX” appeared together, each sign was accompanied by its own ® symbol. According to the Court, for the public purchasing the goods, the presence of the ® symbol would indicate that “OBELIX” is a registered trade mark. Therefore, it serves as an indication of the commercial origin of the goods.
From the various judgements of the General Court, it appears that the ® symbol may not be decisive, yet it can contribute meaningfully to demonstrating that a sign is perceived as a trade mark.
Should the ® symbol be used for registered trade marks?
The answer is yes, but with appropriate caution.
Indeed, proper use of the symbol can inter alia:
- signal the existence of registered rights;
- support an argument that a sign is used as an indication of the commercial origin of the goods, and;
- reinforce consumer perception of the sign as a trade mark.
However, its significance should not be overstated and careful use is required. The ® symbol should only be used for trade marks that are actually registered in the jurisdictions where they are used. While the legal consequences vary between jurisdictions, the use of the ® symbol for an unregistered trade mark may expose a company to allegations of misleading conduct or unfair commercial practices. This might be tricky for instance when the ® symbol is used on a website that targets foreign markets.
Conclusion
To conclude, recent EU case law paints a balanced picture. The ® symbol is neither a legal magic wand nor a meaningless decoration.
The message for trade mark owners is the following: the ® symbol should be used for registered trade marks and in the jurisdictions where they are registered. However, trade mark owners should not solely rely on it.
The Pierstone IP team remains at your disposal should you have any question about the use of the ® symbol or any other notice (e.g. TM (trade marks), © (copyright) or Ⓓ (designs)), or more generally, about the protection and enforcement of your intellectual property rights.
This news is not a legal advice or a legal opinion. You should seek advice from a legal counsel of your choice before acting upon any of the information in this news.