Marking a Trademark
Trademark marking requirements are different for different countries. In Canada, there is no requirement to mark a trademark but these symbols provide notification to the public of your trademark rights. If you choose to use one of the marking symbols, there are some general rules that should be followed.
- TM and MC are generally used in conjunction with unregistered trademarks and trademarks that have been filed with the trademarks office but not yet registered. However, there is nothing to prevent the owner of a registered trademark from also using these marks.
- ® and MD should only be used in association with registered trademarks and in association with the goods and services listed in the registration.
When a trademark is used several times on packaging or within a written document, it is not necessary to use a marking symbol after every use of the trademark. Generally, the first instance of the trademark or the most visually dominant representation should include the marking symbol.
There are no hard and fast rules when it comes to the positioning of the marking symbols but it is generally accepted that the symbol should appear to the upper right or lower right of the trademark.
When using ® or MD, owners of registered Canadian trademarks need to be careful of the marking requirements in other countries. Trademark owners need to consider the relevant law in each country in which they use their trademarks, regardless of whether or not the trademark is registered in each of those countries.