The use of the R in trade marks

There is, however, a rule that you may not use the R or the RTM symbol next to an unregistered trade mark this is because section 95 of the Trade Marks Act 1994 says this:

(1) It is an offence for a person-

(a) falsely to represent that a mark is a registered trade mark, or

(b) to make a false representation as to the goods or services for which a trade mark is registered knowing or having reason to believe that the representation is false.

(2) For the purposes of this section, the use in the United Kingdom in relation to a trade mark-

(a) of the word “registered”, or

(b) of any other word or symbol importing a reference (express or implied) to registration, shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the trade mark is in fact so registered for the goods or services in question.

If found guilty of an offence contrary to section 95 then the person will be liable to a fine not exceeding level 3 on the standard scale.

 So dont do it!


share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles

Overview of IP rights

The pandemic has caused many businesses to invest in selling their goods or services online. This has meant that many businesses have had to invest

Burberry granted injunction against Baneberry

Multi billion-dollar luxury fashion brand Burberry has been granted a preliminary injunction against Chinese copycat brand Baneberry/ The alleged infringers were discovered when Xinboli Trading