It is generally good practice to include this symbol when using an unregistered service mark.Trademark Symbols Provide Notice to the PublicTrademark owners are encouraged to mark their goods, and to the extent possible their services, with the symbols discussed above because the marking provides notice to the relevant public that the trademark is being employed as a source identifier and has been registered with the USPTO. The relevant trademark statute, 15 U.S.C. § 1111, explains the letter R enclosed within a circle ®, or the phrases "Registered in U.S. Patent and Trademark Office" or "Reg. U.S. Pat. & Tm. Off.", should be used when marking the goods and services. Importantly, the statute states that a failure to provide such notice of registration will preclude the trademark owner from recovering damages from an infringer unless the defendant had actual notice of the trademark registration, which can sometimes be difficult to prove.

Pursuant to 18 U.S.C. § 2320, mark holders are required to use the ® symbol, or the words, “Registered in U.S. Patent and Trademark Office” or “Re. U.S. Pat. & Tm. Off.,” to give the public actual notice of their proper registration. If not, mark holders may be barred from recovering lost profits or other damages under 15 U.S.C. § 1111, even though the licensee may still be liable under 18 U.S.C. § 2320.VI. Other Charges to ConsiderIn the alternative, prosecutors may also consider the following charges as well:Conspiracy and aiding-and-abetting under 18 U.S.C. §§ 2, 371;Mail and wire fraud under 18 U.S.C. §§ 1341, 1343;Copyright infringement under 17 U.S.C. § 506 and 18 U.S.C. § 2319;Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging under 18 U.S.C. § 2318;Trafficking in misbranded food, drugs, and cosmetics under 21 U.S.C. §§ 331(a), 333, 343, 352, 362, and 841(a)(2); andTampering with consumer products under 18 U.S.C. § 1365.Theft of Commercial Trade SecretsI.

[32] 15 U.S.C. § 1115(a). [33] 15 U.S.C. § 1111. [34] 15 U.S.C. § 1065.

It puts that person on notice—take heed that someone has important and protectable rights in this particular name or mark. 15 U.S.C.A. § 1111 (a registrant of a trademark with the United States Patent and Trademark Office may give notice that a trademark is registered by displaying with the mark the words “Registered in U. S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm.

[1] Count One of the complaint does not expressly state whether the unfair competition claim arises under federal law (§ 43(a) of the Lanham Act) or under state law.However, a liberal reading of the complaint leads to the conclusion that it purports to state a federal cause of action because ¶ 8 of the complaint asserts that “this Court has federal question subject matter jurisdiction under 28 U.S.C. § 1338.”[2] Though the mark is not registered on the Principal Register, use of the “®” symbol is still appropriate.See 15 U.S.C. § 1111 (authorizing such usage by any “registrant of a mark registered in the [USPTO]”).[3]Paragraph 18 of the complaint, however, alleges that first use of that mark occurred in May 2009.[4]In re K-T Zoe Furniture, Inc., 16 F.3d 390, 394 (Fed. Cir. 1994).