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10 April 2024 ™ or ®? The right labelling for your trademark

When you start a business or launch a product, your trademark is one of the most important assets you own. A trademark not only serves to distinguish your products or services from those of your competitors, but also to protect your brand identity. It is important to use the ™ and ® symbols correctly.

™ - The trademark symbol

The ™ symbol stands for "trademark" and can be used in Switzerland by anyone who wishes to designate their sign as a trademark. It indicates that a word, logo or other sign is being used as a trademark to identify products or services. However, the use of the ™ symbol does not mean that the trademark is registered with the Trademark Office. It merely serves as an indication that you wish to use your sign as a trademark in business relations.

The use of ™ is particularly useful if you have not yet completed the application process for your trademark, or if you do not have a registered trademark for other reasons. It can also act as a deterrent to others who may want to use your trademark by showing that you are actively pursuing your trademark rights.

® - The Registered symbol

The ® symbol stands for "Registered" and may only be used for trademarks that have been officially registered in the trademark register. The use of this symbol is an indication that your trademark is protected. This means that you can take legal action to defend your trademark if it is infringed.

It is important to note that using the symbol when your trademark is not registered may be considered as unfair and may have legal consequences. Therefore, make sure that you have actually registered the trademark in the relevant countries before using the ® symbol.

When and where should you use these symbols?

Both symbols should be used in conjunction with your trademark to indicate the type of protection you are claiming. It is common to place the ™ or ® symbol in the top right-hand corner of a trademark, although there is no legal requirement as to exactly where the symbol must appear.


The correct use of the ™ and ® symbols is an essential part of trademark management and communication. ™ indicates that you are claiming your trademark, while ® confirms that your trademark is registered and protected. Make sure you use the correct symbol to protect your rights and avoid potential legal problems.

Keep in mind that the trademark registration process can be complex and often requires specific legal knowledge. Working with a trademark specialist is not only an investment in the protection of your trademark, but also a safeguard against costly mistakes. Our specialists at VISCHER have the necessary expertise and experience to guide you through the entire process and make your trademark a strong and protected asset of your business. We also have an established worldwide network of IP specialists who can be consulted if necessary.

We hope this blog has provided you with helpful insights and invite you to get in touch with our specialists to clarify your individual questions and successfully establish your trademark. Your success is our concern and we are ready to support you along the way.

Authors: Mirjam Frick, Jacqueline Burri, Monika Llanderrozas (Team Leader), Marcia Eigenmann and Ariane Niemeyer