Any trademark holder should use the appropriate marking symbol near their trademark.

What exactly do these symbols mean? 

MC :trademark = ™ :Trademark

MD : registered trademark = ® : Registered Trademark 

All of these symbols inform the public that you own the mark in question, which can have the beneficial effect of deterring infringers.

Are they compulsory?

Although the Canadian Trademarks Act does not include any marking requirements, it is advantageous to use the appropriate symbols in order to prevent counterfeiting and deter potential infringers.

In fact, in Canada, you are not required to systematically use the ® symbol in order for your rights to your trademark to be recognized. In any case, a trademark should be accompanied as often as possible by one of these symbols.

However, in some countries, such as the United States, the use of the symbol may be a precondition for obtaining certain damages, or is even sometimes essential for the owner of the mark to be able to file an action for infringement.

Why use these symbols?

Even if the use of a marking symbol does not guarantee that the mark will be protected against counterfeiting, it allows, among other things, to:

• Provide Notice of Ownership of Trademark Rights
• Discourage competitors who might be tempted to use the same or a similar brand
• Distinguish mark from surrounding text
• Avoid limiting the remedies available in a legal action

What symbol should be used?

The MC (French version) and TM (English version) symbols can be used by an owner who wishes to inform the public that he holds the rights to his trademark, whether it is in the process of being registered or not.

The MD (French version) or ® (English version) symbols can only be affixed next to the trademark once the registration process has been completed and the registration certificate has been issued.

As a general rule, until the marks are registered, you should use the MC or TM symbols. Also, it is important to know that using the MD or ® symbols near an unregistered mark can lead to serious repercussions in the United States, including charges of fraud.

Therefore, it is advisable to add the MC and/or TM symbols in countries where the trademark is not registered. Once the recording has been granted, it will be possible to replace these symbols with MD or ®.

How to use these symbols correctly?

Generally, the appropriate symbol should appear as a superscript in the upper right corner of a mark. If it is not technically or aesthetically possible to place it there, it should be added in the lower right corner of the mark. 

These symbols should not be abused in written documents (article, promotional document, corporate documentation, press release, etc.) since this creates visual clutter and can harm the aesthetic appeal of the document without offering any additional legal benefit. It is recommended to use a symbol only when the mark appears for the first time or with the most prominent placement of it.

It should be noted that the placement of the symbol is not regulated by law, but compliance with these standards is strongly recommended.

It is also possible to use asterisks rather than affixing one of the traditional acronyms so as not to weigh down the text. The asterisk “*” must refer to a statement affixed to the bottom of the product packaging or advertising. 

Here are some examples of citations:

For registered brands: 

*Registered trademark of (Owner) and Registered trademark of (Owner).

For unregistered brands: 

*Trademark of (Propriétaire) and Trademark of (Owner).

For trademarks used under license:

* Trademark of (Owner) used under license by (User).

® – Registered Trademark of ABC Inc., used under license by XYZ Inc.

® – Registered trademark of ABC Inc., used under license by XYZ Inc.

TM – Trademark of ABC Inc., used under license by XYZ Inc.

TM- Trademark of ABC Inc., used under license by XYZ Inc.

In summary, here's what to remember:

• Use the appropriate marking symbol near its mark as often as possible.

• Use ® or MD for trademarks and TM or MC for unregistered marks.

• The symbol must be clearly visible.

• The symbols MC Where TM may be used near the mark whether or not an application for registration has been filed. It is therefore highly recommended to add them now.

Contact us for more information on trademark marking or the record of these.