After one has celebrated a successful grant of the protection right, then it lies in the interest of the right owner to indicate properly that the given item enjoys protection deriving from the obtained exclusive right. Thus, it is essential to use an appropriate symbol on the product. It will not only deter potential infringers, but also enhance the prestige of the product on the market, as potential buyers are more likely to pay attention to patented products, or the products whose designs are protected.

The way to obtaining an exclusive right is not always easy, so once the right has been obtained, it is worth marking the products, services and other objects of exclusive rights with an appropriate symbol. The use of such a symbol is not a show-off by the owner that he has obtained exceptional protection, but it is intended to serve the function of deterring infringers and additionally advertising the product. For each obtained right, there is a symbol assigned to it to indicate that the item is the subject of specific legal protection.

What is the difference between the symbols Ⓓ and ®?

As of May 1, 2025, at the level of the European Union, there has been established a symbol for registered EU designs (formerly known as Community designs). If a design has been recorded in the Register of European Union Designs maintained by the EUIPO (European Union Intellectual Property Office), its owner may use the symbol Ⓓ on the product, or its packaging.

Symbol Ⓓ – the letter “D” enclosed in a circle means that the design is protected throughout the European Union. Affixing this symbol to a product may help prevent infringement of the products protected by designs, as well as enhance the value of protection itself.

What is interesting to note, the Polish Industrial Property Law (hereinafter also: “the IP Law”) does not regulate the issue of using the symbol of protection for industrial designs registered in Poland.

Symbol ® – it stands for a registered trademark. The use of the symbol ® is regulated by the Industrial Property Law. Under current regulations, the symbol ® may only be used by a person who has been granted the right of protection for a trademark in Poland. The holder of the right of protection may indicate that its mark has been registered by placing the letter “R” inscribed in a circle next to the trademark.

This means that the trademark with the affixed symbol ® has already gone through the registration procedure before the Polish Patent Office and the right of protection has been granted for it. The symbol has not been regulated at the EU level for registered EU marks.

What other indications can be found on the market?

Symbol Ⓖ – it stands for a registered geographical indication. It is a verbal indication that refers to the name of a place, locality, region or country that identifies a product as coming from that area. The essential condition is that a certain quality or special characteristic of the product is attributed primarily due to the geographical origin of the product. The use of the symbol Ⓖ is defined in Article 190 of the Polish IP Law. Among the best-known Polish geographical indications are: Oscypek (smoked sheep’s milk cheese from the Polish Tatra Mountains region), Cebularz lubelski (a pie with onion filling originating from the town of Lublin and its neighborhood) and Ser Koryciński Swojski (cow’s milk rennet flavored cheese from the locality of Korycin in eastern Poland).

Symbol (T) – “T” in a circle, in turn, indicates the registered topography of an integrated circuit. This marking can be placed directly on the topography or on a product containing the protected topography. The use of this symbol is regulated under Article 208 of the IP Law.

The designation “lic.” – it indicates the use of the given mark under a license granted from the owner of the right. Under the Polish legislation, the licensor may force the licensee to emphasize the use of the trademark license by placing the designation “lic.” close to the mark.

The symbols that do not necessarily indicate obtaining an exclusive right at the Patent Office

Symbol © – it is an abbreviation for copyright, that is a symbol intended to indicate that the content in question is protected by copyright. The subject of copyright is any manifestation of creative activity of an individual character, established in any form, regardless of value, purpose and manner of expression (work). In Poland, an author is entitled to copyright regardless of the fulfillment of any formalities from the very moment of creation of the work, so that anyone may designate their own work with the symbol ©.

Symbol ™ – is an abbreviation for the English word “trademark”. The use of the ™ symbol is not regulated in the Polish IP law. The origin of the symbol can be traced to the U.S. law, although federal regulations of the U.S. Patent and Trademark Office (USPTO) also do not specify the ways of its use. The ™ symbol, located in the upper-left corner of a logo or name, is intended to indicate that the sign in question is a trademark regardless of whether it is protected by law or not. In the marketplace, it has become accepted that the ™ symbol can be used for both unregistered signs and those submitted for registration, as well as the marks already registered and protected by exclusive rights.

The sign ^SM – is a derivative from the ™ symbol and stands for “service mark”. The Polish law also does not define the scope of its use. The ^SM symbol is intended to indicate that the mark designates services, not products, as is the case with the ™ symbol. Such designation consisting of the letters “SM” is much less common on the market, especially in Poland.

Making the appearance of having protection, or what is the penalty for using the symbols of protected rights when the Patent Office has not (yet) granted protection?

If the protection of the right has not yet been granted, has expired, or has been cancelled, do not use the letter symbols. The Polish Industrial Property Law regulates the criminal liability of those who are not authorized to use the symbols: ®, Ⓖ, (T), and “lic.” The legislation stipulates that anyone who, for the purpose of marketing, marks the objects that are not protected by a patent, a supplementary protection right, a protection right for a utility model, or a right from registration of an industrial design, a topography of an integrated circuit, or a registration for a geographical indication, with inscriptions or drawings intended to create the misleading impression that such objects enjoy such protection, is subject to a fine or even arrest. The same punishment shall be imposed on persons who knowingly place such items on the market or inform that they enjoy legal protection. Anyone, who places on the market the goods bearing a trademark along with an informative sign intended to create a misleading impression that such items enjoy exclusive protection, is subject to a fine, according to Article 308 of the IP Law.

If you find the above information useful, but you would like to know more or you need an extra explanation, you are very much welcome to contact one of our patent attorneys at Patpol, who will gladly respond to your questions and discuss the issues of your interest.