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When publishing an app in the Google Play store, I would like to use the ® symbol for the name of a product that is not registered as a trademark in the USA, but it has been registered as such in the Benelux. Is it fine to use the ® symbol there?

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Yes, it appears that you can. In § 906.01 of the Trademark Manual of Examining Procedure (TMEP) it states:

In addition to the United States, several countries recognize use of the symbol ® to designate registration. When a foreign applicant’s use of the symbol on the specimens is based on a registration in a foreign country, the use is appropriate.

Crucially, the country it is registered in must provide for the use of the ® symbol in its law. A discussion of this can be found in the Trademark Trial and Appeal Board case Brown Shoe Co. v. Robbins (PDF, pg. 14-15).

Since the TMEP lists the Benelux countries as providing for the use of the ® symbol, your use would be appropriate.

  • What does the TMEP have to do with the Google play store? – phoog Dec 10 '16 at 11:45
  • @phoog Submissions to the Google Play store have to comply with U.S. law (which I believe the OP knew by asking this question). The TMEP is USPTO's manual on examining trademarks and trademark disputes and as such is a source for adjudicating trademark disputes in the Google Play store. For more information, see the TMEP's introduction – DPenner1 Dec 10 '16 at 14:21

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