The tiny ® or ™ symbol tucked into the corner of a logo is something most business owners treat as a cosmetic flourish — but it is actually a legal statement. Using the wrong one won't make your brand look stronger; it can expose you to an unfair competition claim instead. This guide explains what the ® and ™ symbols mean, when each one applies, and the mistakes we see most often in practice.
What Do the ® and ™ Symbols Actually Say?
Both symbols announce a claim to trademark use; what differs between them is the legal maturity of that claim.
® — Registered
The ® symbol states that a mark has been registered with the competent trademark office. In Turkey, that register is kept by the Turkish Patent and Trademark Office (TÜRKPATENT). So when you place ® next to your logo, you are telling third parties: "this sign has a registration certificate, and I hold the exclusive right to use it by law."
™ — Trademark (a sign used as a mark)
™ does not require registration. It signals that you are using a sign as a trademark — as an indicator of commercial origin. You can use ™ even before you have filed an application, as long as you are actually using the sign in trade.
℠ and © — Two Symbols People Confuse With It
℠ (service mark) is used only for service marks and is largely an American practice; it isn't common in Turkey. © belongs to an entirely different right — copyright — and applies to works such as text, photographs, software and music. Using © for a trademark is a legally meaningless statement.
Is Using ® Mandatory in Turkey?
No. Industrial Property Law No. 6769 does not require the owner of a registered trademark to use ®. The symbol does not create protection — registration does. ® simply performs a notice function that makes that protection visible.
Even so, it delivers three concrete practical benefits:
- Deterrence: An entrepreneur weighing a similar name will often think twice on seeing ®.
- Evidence of bad faith: In an infringement action, it becomes harder for the other side to argue "I didn't know it was registered."
- Marketplace and platform processes: On platforms like Amazon, Trendyol and Google, the appearance of a registered mark speeds up brand complaint mechanisms.
What Happens If You Use ® on an Unregistered Mark?
Industrial Property Law does not set out a specific offence for "using ® on an unregistered mark." That does not mean the practice is risk-free. In practice you face three separate risks:
- Unfair competition: The unfair competition provisions of the Turkish Commercial Code expressly prohibit creating a false impression about a business's standing. A competitor can sue to have the practice established, stopped and compensated.
- Misleading consumers: Presenting an unregistered mark as registered in advertising or packaging can be treated as a misleading commercial practice and trigger an administrative fine.
- Reputational risk: If your application is refused, every piece of packaging, signage and catalogue stock you have printed with ® on it for years suddenly becomes unusable.
The reverse is also true: under Article 30/2 of the IPL, a person who removes without authorisation a sign indicating trademark protection from goods or packaging faces a prison sentence. In other words, ® has legal consequences both when it is added and when it is stripped away.
The scenario we encounter most often in practice runs like this: an entrepreneur starts using a mark, adds ® to the logo to look established, and prints thousands of units of packaging. Months later, the owner of a similar mark notices and moves on two fronts at once — seeking to stop the trademark use itself, and pursuing an unfair competition claim for creating the impression of registration where none existed. Using ™ from the outset would have closed off that second front entirely.
How Do You Write a "Registered Trademark" Statement?
Alongside the ® symbol, you'll often see a footer line on corporate websites and catalogues along the lines of: "ATLAS is a registered trademark of Atlas Ticaret A.Ş." This statement doesn't replace the symbol, but it is useful in two respects:
- It makes clear who the trademark owner actually is, avoiding confusion where group companies or licensing relationships are involved.
- In an infringement claim, it ties the question of "whose right was infringed" to a documented record.
Use the true owner's name when writing this statement. If the mark is registered in the name of an individual, naming the company instead creates a statement that contradicts the register.
Which Symbol Applies at Each Stage?
Symbol usage tracks your trademark's journey as follows:
| Stage | Correct symbol | Why |
|---|---|---|
| No application yet, name already in use | ™ | A statement of trademark use; makes no claim of registration |
| Application filed, examination under way | ™ | No registration certificate yet |
| Published in the bulletin, opposition period running | ™ | Registration not yet final |
| Registration certificate issued | ® | Mark is registered on the register |
| Protection period expired, not renewed | Neither | Registration has lapsed; using ® would be misleading |
To track which stage your application is at, you can follow the steps in our article How to Do a Trademark Search.
Where and How Should the Symbol Be Placed?
Typographically, ® and ™ are placed at the upper right corner of the mark, in superscript. For word marks this sits right after the last letter; for logo marks it sits at the upper-right or lower-right corner of the device.
Practical rules:
- The symbol should be small enough not to disrupt legibility, but still noticeable.
- You don't need to repeat it in every sentence; placing it at the mark's first and most prominent use on a page is enough.
- Only use it for the goods and services your registration actually covers. Using ® on a cosmetics product you haven't registered, just because your mark is registered in Class 25, is misleading.
- The statement should match whoever actually owns the registration. If the mark is registered in an individual's name, the company cannot use ® without a supporting agreement. See our article on Trademark Assignment.
Using ® Abroad: It Depends on the Country
Trademark protection is territorial. Using ® on packaging in Germany for a mark that is only registered in Turkey can be regarded as misleading unless you are also registered there. Some countries take this very seriously, with consequences that can extend to export shipments being held at customs.
If you export, you have two options: register in your target markets, or omit the symbol from packaging destined for markets where you aren't registered yet. We compare the international protection options in our articles on the Madrid Protocol and the EU Trademark (EUTM).
A practical solution favoured by brands selling into multiple markets is to leave the symbol field variable in the packaging design: the same design carries ® on the Turkish print run and ™ on runs destined for markets where registration hasn't been obtained yet. This adds a small amount to printing costs but removes the legal risk entirely.
® in Dealer, Franchise and Supplier Use
If your dealers or franchisees also use your mark, use of the ® symbol needs to be governed by contract. Three points should be spelled out clearly:
- Who may use it: The right to use the symbol belongs to the trademark owner; a dealer derives that authority from the contract.
- How it is used: Logo proportions, colour codes and symbol placement should be tied to a brand usage guide.
- What happens when the relationship ends: The contract should set out the dealer's obligation — and the deadline — to remove the mark and ® from signage, packaging and digital assets once the agreement terminates.
Without this, a departing dealer who keeps using your mark with ® for months afterwards damages your reputation and creates confusion among consumers.
The 5 Most Common Mistakes
- Adding ® right after filing. An application number is not a registration; the process typically takes 6–12 months.
- Continuing to use ® on a refused mark. Once a refusal becomes final, the symbol must be removed immediately.
- Missing a renewal but continuing with ®. Protection lasts 10 years; we explain the process in our article on Trademark Renewal.
- Using it on products outside the registration's scope. Check your class coverage in our article on Trademark Classes.
- Using © for a trademark. Citing the wrong right provides no legal protection whatsoever.
Get Your Brand Ready to Use ®
® is not a design choice — it's a statement that needs a registration certificate behind it. The safest path is to first assess whether your mark is registrable, and then complete the application in the right classes.
Webx manages the entire process for you, from trademark search to registration certificate. Explore our trademark registration service or request a free preliminary assessment.