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[Anthony Hung]

Hi. I would like to understand further registered vs. unregistered trademarks.

From my understanding (correct me if I'm wrong), you can register a trademark in your country, and then you can place a symbol (R) next to your marks. However, this only protects your trademark in the country in which it was registered (I am in Hong Kong), and would be prohibitively costly for a small company to register its trademark in each and every country.

As such, you can still claim the trademark as an unregistered trademark, and instead of (R), place TM next to the mark to show that you claim rights to the mark, right? And doing so, you don't have to register anything, correct?

Of course I understand that it will not offer the same protection as a registered trademark, but I want to understand the meanings of the notices (R) and TM.

Is there a way to register and protect your trademark internationally without registering in every country in the world?

Thanks!

[CriterionD]

Hi. I would like to understand further registered vs. unregistered trademarks.

From my understanding (correct me if I'm wrong), you can register a trademark in your country, and then you can place a symbol (R) next to your marks. However, this only protects your trademark in the country in which it was registered (I am in Hong Kong), and would be prohibitively costly for a small company to register its trademark in each and every country.

To answer your first question, in most countries at least (if not all), you can use the TM symbol in conjunction with an unregistered mark.  Furthermore, you do not usually have to use the symbol in order to have trademark protection, although in many instances it would certainly be considered prudent to do so.  In your case though, if the mark is federally registered, albeit in Hong Kong, I believe that you can still use the "circle R" symbol without penalty, regardless of location, and I don't believe that using the TM symbol instead would give you enhanced protection (If this notion is wrong hopefully someone here will correct me)

Now, as far as obtaining the benefits of trademark registrations outside of Hong Kong, this concerns your second question.  You may wish to learn more about the Madrid Protocol -

http://www.wipo.org/madrid/en/

-

Unfortunately for you Hong Kong is not an abiding country.  Although, for example, I believe you could file for trademark registration with the USPTO and subsequently file an international application through the USPTO as long as you have a third party representative physically present in the US.  

I can't say this with certainty because I am not familiar enough with the applicable laws.  But anyways, I would imagine that there has to be a way for you to take advantage of the Madrid Protocol system

[Anthony Hung]

Hi! Thankyou for your reply.
However, I do not mean that my trademark is registered in Hong Kong. I am saying that at my current sales volume, the cost of registering anywhere is not worthwhile, at least for the time being. Instead I am asking if you can, without registering the mark in Hong Kong or anywhere else, simply use the symbol TM next to your mark when selling your items internationally on the web, using your "brand name".

For example, if I decide to get a business registration, and I decide to sell some funky colored socks, and call them "Funky socks" brand. Can I use the symbol TM next to the label, WITHOUT registering that mark anywhere?

Please keep in mind that I am in Hong Kong. Thanks!

[Anthony Hung]

And in my example, of course the socks would be my own creation. Please let me know if I, as a business owner in Hong Kong, can use the word "TM" next to whatever brand name I choose to sell products under, and if so, do I have to register anything or do anything at all?

Thankyou.

[Anthony Hung]

Finally, you say:

To answer your first question, in most countries at least (if not all), you can use the TM symbol in conjunction with an unregistered mark.

Where can I find out which countries I can and which countries I can't use the word TM for an unregistered mark?

Also, is an "unregistered mark" just whatever mark, logo, name you decide to use in conjunction with your products on a regular basis, but have not and do not need to be registered legally anywhere? You just slap on the mark and add a TM?

[CriterionD]

Finally, you say:

To answer your first question, in most countries at least (if not all), you can use the TM symbol in conjunction with an unregistered mark.

Generally, you can use the "TM" mark with any unregistered mark.  It might not be recognized in all countries.   I'm not an expert on international trademark law by any means so I don't want you to view me as an authority, but I am knowledgeable on the subject matter and I would be highly surprised if you could get in trouble for using the TM mark anywhere in the world.  I am not aware of this having been an issue for anyone at any time in the recent past.

Now, if you were going to sell "Funky Socks" brand socks (I don't know if you are), you could potentially have a separate issue because "Funky Socks" comes close to generically defining the product being identified, at the least that could be argued against you in court.  "Funky" brand socks could make for a better/stronger mark.  That would not necessarily become an issue, but its something to keep in mind