Legal Question in Intellectual Property in Indiana

The R within a circle is shorthand for a federally-registered trademark or service mark. Using the shorthand is not required, but is often used to put others on notice. Using it without having a federally-registered mark is in violation of USPTO rules. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

There is no legal requirement that the "Circle R," (referred as "trademark notice") be used on your own trademarks. However, providing public notice of trademark rights is important, for registered and unregistered marks alike. Failure to employ a trademark notice each time a federally registered mark is used may hinder the prosecution of a trademark infringement action by allowing the wrongdoer to claim "innocent infringement" as a defense. If proper notice is not employed, and displayed prominently, the infringer may claim ignorance of trademark rights, and damages available to the trademark owner may be reduced.

If you're posting somebody else's trademark, you'll want to definitely include the notice to avoid any potential claim of trademark infringement or diltion.