Trademark marking basically refers to the use of symbols such as the ® or ™ symbol to identify a word, slogan or design as a trademark.

Trademark rights and laws vary from country to country. Therefore before asserting trademark rights or using trademark marks in a new country you should confirm that you can legally do so.

Why Mark Your Trademark

It provides notice of your claim to own the mark;

It distinguishes the mark from the surrounding text, making it clearer that you are claiming it as a trademark;

Failure to use a registration or trademark notice may limit the remedies available in a legal action.

However, using one of these symbols does not guarantee that the owner’s mark will be protected under trademark laws.

The U.S. Situation

You cannot use the ® symbol unless the mark has been federally registered with the USPTO. The symbol “™” for “trademark” can be used to indicate that, even though a mark isn’t registered, the owner is nevertheless claiming rights in it.

The Canadian Situation

Canada’s Trade-marks Act does not include any marking requirements. As a result, there are no rules in Canada with respect to use of the ® symbol, the ™ (trade-mark), the * SM (service mark) or the * MC (marque de commerce). For a Canadian who is potentially exporting either wares or services into the U.S., you should however be cautious with your use of the ® symbol.