Registration: Another thing to consider is if I should register the mark. In some common law countries (such as US, UK, South Africa, Australia, et al), those who use the mark first get protection. (These trademarks are denoted by a “TM”.) Admittedly, it can get difficult to determine when that first use occurred; so registration in common law countries helps to clear that date issue up. In any non-common law country, the first to file owns the mark. To set a date certain and own the mark, marks get registered. If a mark is registered, it gets an “®”. [That is a R with a circle around it for those with struggling eyes.] The catch here is that when you put that R on your mark, you are in essence screaming “Mine, mine! I own it here!” The problem with this attestation is that if I registered my soft drink in Canada but I send the bottle marked Yummy Upper Cola® to Germany, the Germans could easily yell at me “Das ist nicht richtig!” They would be right, I wouldn’t be right. The mark isn’t registered in Germany, so the R suggests a sort of untruth. To combat this confusion, whenever you use an R for a mark, you should also state where the mark is registered. ”Yummy Upper Cola is registered in Canada and may have protection in other countries.” That way, the Germans know that I am not trying to con them. I can either use the R for my sales in registered countries and no mark everywhere else or just use the caveat.