Frequently Asked Questions
Reference to trademark protection
When is use of the symbol ® abusive and what are the consequences ?
Use of the symbol ® is improper of course if the trademark is not registered in the country where it is used. Use of the ® is also abusive if the trademark is not formally registered for the product or service for which the mark is used.
Typical cases of improper use might arise in connection with exported products. Thus, if the mark used with the symbol ® is not formally registered for the respective goods in all the export countries, use of the symbol ® is abusive in countries where no formal registration of the trademark has been granted.
And if a trademark application has been filed but is still under examination in a country, use of the symbol ® in that country is also abusive.
Furthermore use of the symbol ® is abusive if the mark with that symbol is used for goods not covered by an existing trademark registration (e.g. use of a trademark with the symbol ® for a fax machines but registered for computer software only).
The legal consequences of improper use of the symbol ® vary from country to country: In Switzerland and in Germany, for example, improper use is considered a violation of the laws against unfair competition. In addition to removal of the improperly used symbol from products packagings, advertisings, brochures etc. (and the costs involved therewith) and a cease and desist order issued by a court, the abusive use of the symbol ® can have criminal consequences. When shown to be intentional, improper use of the symbol ® can include fines of up to CHF 100 000.-- and/or imprisonment.
Use of the symbol ® is improper of course if the trademark is not registered in the country where it is used. Use of the ® is also abusive if the trademark is not formally registered for the product or service for which the mark is used.
Typical cases of improper use might arise in connection with exported products. Thus, if the mark used with the symbol ® is not formally registered for the respective goods in all the export countries, use of the symbol ® is abusive in countries where no formal registration of the trademark has been granted.
And if a trademark application has been filed but is still under examination in a country, use of the symbol ® in that country is also abusive.
Furthermore use of the symbol ® is abusive if the mark with that symbol is used for goods not covered by an existing trademark registration (e.g. use of a trademark with the symbol ® for a fax machines but registered for computer software only).
The legal consequences of improper use of the symbol ® vary from country to country: In Switzerland and in Germany, for example, improper use is considered a violation of the laws against unfair competition. In addition to removal of the improperly used symbol from products packagings, advertisings, brochures etc. (and the costs involved therewith) and a cease and desist order issued by a court, the abusive use of the symbol ® can have criminal consequences. When shown to be intentional, improper use of the symbol ® can include fines of up to CHF 100 000.-- and/or imprisonment.
