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Trademark: Can the ® be affixed when the application has been filed, but the trademark has not yet been granted?

Can the ® be affixed when the application has been filed, but the trademark has not yet been granted?

The famous circled R is a symbol put in front of a registered trademark, and it should be affixed exclusively next to a mark with a granting act given by the proper Office (U.I.B.M., O.A.M.I., W.I.P.O, according to whether it is Italian, community or international trademark), whilst before then, only “TM” should be used, which means “deposited trademark”, which corresponds to the reality of the facts.

In Italy, though, the operators pay little attention to the difference and normally the symbol ® is put next to both the deposited and the granted marks, maybe also because the different writing would ruin the graphic of the mark, and I don’t recall any lawsuits in merit to this. On the other hand, overseas they are more careful with the distinction and in the United States, actually, the use the sign “TM” for the deposited marks and ® for those already registered.