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?


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

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.