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[Ethan Pooley]

I have a registered trademark on MyCompanyName, and am using it in an extended name within a specific domain, say MyCompanyName Fine China Products. The complete name is obviously denfensible and is covered by the main mark. But can I actually display the circle-R symbol after the extended name? In other words, can I do:

MyCompanyName Fine China Products (R)

or must I stick with:

MyCompanyName(R) Fine China Products

I am interested in both the answer and the source for the answer - whether I can or can't I would like to read where it is specifically mentioned.

[JSonnabend]

I'm not sure you'll find good authority supporting the answer to your inquiry, but I'm equally convinced the answer is besides the point.  Regardless of where you place the circle-R, you won't have any protectible interest in the merely descriptive/generic portion of the mark (e.g., "fine china products").  Would it mater whether it was "United (r) Airlines" or "United Airlines (r)"?

That said, if your intent is to falsely convey the scope or content of the actual registration, you may be asking for trouble.

If you want to read-up, you can check out the TMEP at the USPTO website, or the Fed Cir case Copelands'. Enterprises Inc. v. CNV Inc., 945 F.2d 1563, 20 USPQ2d. 1295 (Fed. Cir. 1991), but neither will directly answer the "where do I put the circle-R" question.

- Jeff

[Ethan Pooley]

Thanks for the response! I actually just think the (R) looks better graphically at the end of the full phrase. Simple as that. When it's in the middle it breaks up the words in a way I don't like.

So there are no evil intentions here, and I understand that no protection for extra verbage is granted. I was thinking, however, that it might not be allowed to put it anywhere "creative" like that. Your answer gave me a good starting point, and I ended up finding an authoritative answer in Section 906.02 of the TMEP, " Improper Use of Registration Symbol" (can't link because I'm not registered).

One of the improper uses listed is "Registration of a portion of the mark (see Coca-Cola Co. v. Victor Syrup Corp., 218 F.2d 596, 104 USPQ 275 (C.C.P.A. 1954));". I wasn't able to find the actual case, but just having this listed there in these words is good enough for me. I shall just have to adjust my graphical standards.

Thanks again.