The History of the ® and ™ Symbols

The ® and ™ symbols carry a legal history stretching from 19th-century British common law to modern statutes like Nepal's Patent, Design and Trademark Act 1965. In Nepal — a first-to-file jurisdiction — the ® symbol can only be used after the Department of Industry issues a registration certificate, while ™ signals a claim to a mark regardless of registration status.

Key Takeaways

• The ™ symbol emerged from British common law to signal unregistered trademark claims; the ® symbol was codified in the US Lanham Act for federally registered marks.
• In Nepal, using the ® symbol on an unregistered mark is a criminal offence under Sec. 18B of the PDTA.
• Nepal is a first-to-file country — the first valid applicant secures the rights, not the first commercial user.
• You can use ™ freely on any mark you claim, but it carries no legal presumption of ownership in Nepal.
• After the DoI issues your registration certificate (typically 12–14 months from filing), you may use ® on the registered mark for the specific goods or services listed.
• Trademark registration in Nepal lasts 7 years, renewable indefinitely for further 7-year terms.

Where did the ™ symbol come from?

Before any trademark statute existed, British merchants in the 1800s used the superscript "™" on goods to tell the public and competitors that a word or logo was being claimed as a trade mark. This practice developed from common-law passing-off actions — a business owner would sue to stop another from misleading customers by using a confusingly similar mark. The ™ symbol had no statutory definition. It was a practical notice tool. Courts recognised it as evidence that the claimant had treated the mark as proprietary, which helped prove reputation and goodwill. Over time, the convention spread across the English-speaking world, and ™ remains today the universal shorthand for an unregistered trademark claim — no registration, no government fee, just a declaration of intent.

When was the ® symbol introduced into law?

The ® symbol entered statute with the United States Lanham (Trademark) Act of 1946. Before 1946, US trademark owners had to spell out "Registered in the U.S. Patent and Trademark Office" to claim federal registration benefits. The Lanham Act condensed that into a single superscript circle-R — §29 of the Act specified the format and made misuse a bar to recovering infringement damages. Other countries followed with their own statutory recognition. Today, the World Intellectual Property Organization (WIPO) recognises the ® symbol as an internationally understood notice of a nationally registered trademark. In Nepal, the symbol's legal meaning is codified in Sec. 18B of the Patent, Design and Trademark Act 1965, published by the Nepal Law Commission — it warns that anyone who uses the ® symbol without a valid registration commits an offence punishable under the Act.

What do ™ and ® mean under Nepal's trademark law?

Under the PDTA, the ™ symbol has no formal legal definition — it's simply a notice that you consider a sign to be your trademark. It does not require any filing with the Department of Industry. The ® symbol, however, is strictly regulated. Sec. 18B states that no person shall use the ® symbol — or any word implying registration — on a mark unless the Department of Industry has issued a registration certificate under Sec. 18. Doing so is a criminal violation. The DoI publishes every registered mark, and its renewal or cancellation, in the Industrial Property Bulletin for public information under Sec. 21A. So in Nepal, ® is not a marketing flourish — it's a legal assertion backed by a government certificate, and misusing it carries real risk.

How did trademark protection work before registration systems existed?

Before registration systems, trademark protection relied on the common-law tort of passing off. If a trader built enough reputation in a mark that customers associated it exclusively with their goods, they could sue a rival who adopted a similar mark to deceive buyers. There was no government register, no certificate, and no fixed term — rights flowed from actual use and reputation in the market. This is still the position in many jurisdictions for unregistered marks. Nepal, however, departed from that model by adopting a first-to-file statute in 1965. The PDTA's preamble makes clear that the Act was enacted to provide for the registration and protection of patents, designs, and trademarks, shifting the foundation of trademark rights from use and reputation to registration. A common mistake we see is business owners assuming that because they've used a brand name for years in Nepal, they automatically hold trademark rights — that's not the case here.

Why does the history of these symbols matter for your brand in Nepal?

The history teaches a practical lesson: ™ signals a claim, but ® signals a right. In a first-to-file jurisdiction like Nepal — administered by the Department of Industry (DoI) — only the ® symbol gives you the legal standing to stop an infringer under the PDTA. If you build a brand using ™ alone and a competitor files first, they can register the mark, get the certificate, use the ®, and potentially block your continued use. The history of trademark symbols is, at its core, the history of moving from a world where reputation decided disputes to one where a government-issued registration decides them. Nepal sits firmly in the latter camp. Understanding that shift helps you prioritise filing early — because in a first-to-file system, the race matters more than the reputation.

What are the key legal provisions governing trademark symbols in Nepal?

How does Nepal's first-to-file system compare to common-law trademark protection?

How do you register a trademark and earn the right to use ® in Nepal?

Earning the right to use the ® symbol in Nepal follows a defined statutory process under the PDTA. Here are the steps, from start to certificate:

1. Search the trademark database. Before filing, check whether an identical or similar mark already exists in your NICE class. You can run a preliminary search on our trademark database to spot obvious conflicts early — this can save you the cost of a rejected application.
2. Identify your NICE class. Nepal uses the NICE Classification (45 classes total: Classes 1–34 for goods, 35–45 for services). One application covers one class. If your brand spans multiple classes — say, clothing (Class 25) and retail (Class 35) — you'll need separate applications for each.
3. File the application with the DoI. Submit the Schedule 1(c) application form, four specimens of the mark, and the required documents (notarised Power of Attorney, board resolution, label, and, for foreign applicants, a certified copy of the home registration certificate). The DoI's office is in Tripureshwor, Kathmandu.
4. Examination. The DoI examines the mark for distinctiveness and conflicts under Sec. 18. If an objection arises, you have the opportunity to respond and defend the application.
5. Publication in the Industrial Property Bulletin. If the DoI finds the mark qualified, it publishes the mark. A 90-day opposition window opens — any third party can object. If opposed, the DoI runs a hearing process.
6. Pay the registration fee and receive the certificate. If unopposed, or after successfully resolving any opposition, you pay the registration fee. The DoI issues the certificate — and only then can you legally use the ® symbol on that mark for the goods or services listed.

What documents do you need to file a trademark and use the ® symbol?

Filing a trademark application with the Department of Industry requires assembling several documents. For domestic applicants, you'll need the application form, a notarised Power of Attorney signed by the applicant and attested by two witnesses, a board resolution of the company, and four label specimens of the mark. You'll also need your industry registration certificate and latest tax clearance letter. For foreign applicants, add a notarised and certified copy of your home-country trademark registration certificate, translated into English. If you're claiming priority under the Paris Convention, include the certified filing receipt from the first application. A common mistake we see is submitting incomplete board resolutions — the DoI is strict on corporate-authorisation paperwork, and missing it delays examination. The full document list and nuances by entity type are covered in our documents guide.

What are common mistakes people make with trademark symbols in Nepal?

Business owners in Nepal frequently misuse these symbols, and the consequences can be serious. Here are the errors we encounter most:

• Adding ® before registration is complete. Many brands put ® on packaging or signage right after filing the application. Filing is not registration — the certificate must be in hand. The DoI can treat this as an offence under Sec. 18B.
• Using ® on goods or services outside the registered class. Your registration protects only the specific NICE class listed in the certificate. If you registered in Class 25 for clothing and later start selling coffee cups under the same brand, the ® symbol on those cups is unauthorised unless you have a separate Class 21 registration.
• Assuming ™ gives legal rights. ™ is a useful deterrent and a visible claim, but in a first-to-file jurisdiction it provides zero priority. A competitor can still file first and secure the rights.
• Not renewing on time. A trademark registration in Nepal lasts 7 years. Renewal must be filed within 35 days of expiry, with a 6-month late grace period. If the registration lapses, you must stop using the ® symbol immediately.
• Using ® on a logo or word that has changed. If you alter the registered mark — change the font, add a design element, or modify the wording — the certificate no longer covers the new version. The ® applies only to the mark as registered.

A real-world Nepal scenario: putting the history into practice

Imagine a small business owner in Patan who has been selling hand-embroidered shawls under the brand name "HimalThread" for four years, using ™ on the label. She has built solid goodwill — her shawls appear in boutiques in Thamel and even get featured in a travel magazine. She assumes her long use gives her exclusive rights. A larger garment producer in Biratnagar, noticing the brand's traction, files a trademark application for "HimalThread" in Class 25 with the Department of Industry — and gets the registration certificate 13 months later. The larger firm now legally owns the mark in Nepal and can demand that she stop using it, despite her being the original creator. If she had filed first, the history of trademark symbols tells us she would have earned the right to use ® and the legal standing to stop the Biratnagar producer instead. This scenario plays out more often than you'd think in a first-to-file system. The lesson: file before you build the brand publicly, and if you haven't yet, use our trademark database search to check if your mark is still available right now.

In short

The ™ symbol is a centuries-old common-law notice that says "I claim this mark." The ® symbol is a statutory creation — in Nepal, a declaration that the Department of Industry has examined and registered your mark under the PDTA, giving you exclusive, enforceable rights for 7 years. Their history is the story of trademark law moving from reputation-based protection to registration-based protection. In Nepal's first-to-file system, the distinction is not academic — it's the difference between owning your brand and losing it. If you're building a brand in Nepal, prioritise the filing that earns you the ®, and use ™ while you wait — but never confuse the two.

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Ready to secure your brand and earn the right to use the ® symbol? Start with a free trademark database search to check if your mark is available, or file your trademark registration with our team's help. If you're unsure which NICE class covers your goods or services, try our NICE class finder tool. For specific questions about your situation, get in touch with our team — we'll walk you through the process step by step.