The ® and ™ Symbols Next to a Trademark – Rules for Use and Penalties

Entrepreneurs often add small symbols to their logos, frequently unaware of the consequences involved. This is not merely a graphic design choice – the improper use of these designations carries serious legal risks. 

Today, the ™ or ® symbol next to a company name is a market standard used to build a competitive advantage and consumer trust. However, before you decide to incorporate the “R” symbol into your latest graphic design, find out what exactly these abbreviations mean and what high fines you might face under Polish law.

The ™ Symbol – What Does It Mean, and When Can It Be Used?

The ™ abbreviation originates from common law jurisdictions and stands for trademark. In the Polish legal system, the use of this symbol is not regulated by law in any way. 

By using ™, we send a clear signal to our competitors: we treat this logo as our brand, used to designate specific goods or services. This symbol can be used by any entrepreneur immediately, without the need to make any filings with offices such as the Polish Patent Office (UPRP) or EUIPO.

Practice shows that the regular use of ™ also has tangible business value. It helps in building so-called acquired distinctiveness (secondary meaning). This means creating a strong bond in the minds of customers between the brand and the product, which is confirmed by case law, for example, the judgment of the Supreme Administrative Court, file ref. no. II GSK 703/09.

When can the ® symbol be used with a trademark?

The letter “R” in a circle is an abbreviation for the word registered. This designation informs the market that a given trademark has been officially registered and enjoys formal legal protection. To use it legally, you must go through the full registration procedure.

It usually takes 4 to 6 months and includes three key stages:

• Registrability search: before you file an application, it is essential to check in official databases whether your company’s name or logo does not already conflict with the protected brands of your competitors.
• Filing and verification: after paying the application fee and indicating the classes in which you operate, the office examines the application formally and legally.
• 3-month opposition period: after successful verification, the office publishes your application. From this moment, other companies have exactly 3 months to file an opposition. If this time passes without conflicts, you receive a certificate of registration for 10 years, with the possibility of renewal for consecutive 10-year periods and the full right to use the “R” symbol.

Unlawful Use of the ® Symbol – Fines and Other Legal Consequences

Liability for the unauthorized use of the “R” symbol is regulated by the Act of June 30, 2000 – Industrial Property Law. According to Article 308 of this Act: “whoever places on the market goods bearing a trademark with a specific indication intended to create the false impression that these items enjoy such protection shall be subject to a fine”.

A notification of the commission of a petty offense can be filed by anyone, and law enforcement agencies are obliged to take appropriate steps. Furthermore, an injured competitor may initiate a dispute under civil law. Such an action violates Article 14 of the Unfair Competition Act, as it constitutes the dissemination of misleading information about the legal situation of the enterprise. Established court rulings (e.g., the judgment of the Court of Appeal in Kraków, file ref. no. I ACa 149/08) confirm that using the ® symbol before registration constitutes an act of unfair competition.

Trademark Registration – Brand Protection and Funding from the SME Fund 2026

If you want to effectively protect your brand and legally use the ® symbol, please contact our Intellectual Property Law Department. We support entrepreneurs at every stage of the trademark registration process – from assessing registrability and identifying potential conflicts, through drafting and filing an application with the Polish Patent Office (UPRP), the European Union Intellectual Property Office (EUIPO), or the World Intellectual Property Organization (WIPO), to representing clients in opposition proceedings and subsequently monitoring their trademark portfolio.

SMEs can also take advantage of the SME Fund program, which reduces official fees associated with trademark applications by up to 75%. This year’s edition of the program runs through December 4, 2026, so it’s a good idea to check the feasibility of registering your trademark well in advance and draft the documentation needed to obtain protection.