Key Guidelines on TM and “®” Symbol Usage for Foreign Enterprises Entering China

Foreign companies launching business in China frequently misuse TM and “®” symbols, whose application follows clear regulatory rules set out under China’s prevailing trademark legislation and CNIPA administrative specifications.

The ® symbol bears strict legal limitations. Per Chinese trademark rules, this symbol can only be labelled on product packaging, brochures, online storefronts or commercial ads after CNIPA approves registration of a trademark. Affixing ® to trademarks still pending review or rejected for registration counts as misleading commercial marking, which may trigger warnings or administrative fines from local market supervision authorities. Registered mark owners may use ® solely for goods and services covered by their approved trademarks.

In contrast, the TM symbol has no legally binding definition within China’s trademark regulatory system. It serves merely as an informal notice to inform market players that a trademark filing is underway with CNIPA, or a mark is used as a trademark. Businesses are free to attach TM symbol to unregistered or pending marks, yet this symbol grants no exclusive proprietary rights and generally offers very limited legal shield against copycatting or malicious pre-emptive registration by rival operators.

A core compliance tip: Never substitute TM symbol for formal trademark protection. Shift labelling from TM to ® only once full registration is finalized to eliminate unnecessary compliance penalties while safeguarding brand legitimacy on the Chinese market.