What is the R mark? R mark review

R logo

Time of use

According to the registration rules of the .TM Registry, the registration validity period of each trademark domain name is 10 years.

Legal effect

According to Article 63 of the Regulations for the Implementation of the Trademark Law: When using a registered trademark, you may indicate "Registered Trademark" or the registration mark on the goods, packaging, instructions or other attachments. The registration mark includes and. When using a registered mark, it should be marked in the upper right corner or lower right corner of the trademark.

Anyone who uses another person's successfully registered trademark for his own use shall be liable to pay compensation at the least and bear criminal liability in serious cases (Article 213 of the Criminal Law of the People's Republic of China).

What are the functions of a registered trademark?

1. The trademark registrant has the exclusive right to the trademark, which is protected by law. If someone infringes upon the trademark, the registrant can demand compensation for economic losses.

2. It makes it easier for consumers to recognize brands and shop, laying the foundation for creating famous brands.

3. The trademark registration certificate is the proof that the goods are allowed to be sold in shopping malls.

4. A registered trademark can increase product visibility, establish brand image, and help open up the international market.

5. A trademark is an intangible asset whose price can be evaluated and its value can be realized through transfer, licensing or pledge.

6. A trademark is a necessary condition for quality inspection, health inspection, barcode, etc.

7. Once a trademark is registered, it is valid for 10 years and needs to be renewed during the renewal period.

8. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through trademark management.

A registered trademark has the characteristics of exclusivity, monopoly, and uniqueness. It belongs exclusively to the owner of the registered trademark and is protected by law. No company or individual may use it without the permission or authorization of the registered trademark owner, otherwise they will bear liability for infringement.

Risks of R Mark Registration

1. No search was conducted before applying for a trademark, and identical or similar trademarks exist;

2. Although the search was done, the search was not done properly and some cases were missed;

3. Although a search has been conducted, the Trademark Office’s database has a certain “window period” (i.e. some trademarks have been applied for, but have not yet been entered into the database). During the window period, someone else has applied for the same or similar trademark.

When a company uses a registered trademark, there may be no problem when the trademark registration certificate is issued; or there may be risks, such as the existence of identical or similar trademarks before the company applies for trademark registration, and the trademark registration is ultimately unsuccessful, and the company is sued or complained of trademark infringement. Not only does the company have to compensate others for their losses, but much of its early advertising investment will also be wasted.

The difference between the R mark and the TM mark

1. Different legal meanings. The TM trademark does not have legal protection. When applying for a registered trademark, it enjoys the right of prior use. The R trademark has the legal meaning of trademark protection, and the trademark user has exclusive rights.

2. Different use time: Before a trademark becomes a registered trademark, it is marked with the "TM" mark. When a trademark becomes a registered trademark, it can be marked with the "r" or "注" registration mark in the upper right corner or lower right corner, or directly marked as a "registered trademark".

3. The use value is different. The registration period is long and it takes a long time to apply and review. After obtaining the registered trademark certificate, the trademark user enjoys the exclusive right. The enterprise establishes the brand and promotes the enterprise through the trademark. The value of the R trademark is greater than that of the TM trademark.