We hear this question from brand owners all the time. You have a name or logo you are proud of, and you want everyone to know it belongs to your business. So which symbol goes next to it? The ™, the ℠ or the ®?
The bottom line first: anyone who claims rights in a brand can use ™ (for goods) or ℠ (for services), and no filing is required. The ® symbol is different. You may use it only after the United States Patent and Trademark Office (USPTO) has registered your mark, and only for the goods and services listed in that registration.
At Jafari Law Group, our Orange County trademark attorneys help brand owners register and protect their marks from our office in Irvine, California. Below, we cover what each symbol means, why the ® symbol matters if someone copies your brand, and the mistakes we see most often (most of which are easy to fix).
What the ™ Symbol Means
The ™ symbol tells the public that you claim the word, logo, slogan or design as your trademark for your products. Think of it as a claim, not a certificate. You do not need to file anything with the USPTO or the State of California to use it, so you can start using it the same day you start using the brand.
Note that using ™ does not prove you own the mark, or that no one else has better rights to it. What it does is put competitors and customers on notice that you treat the name as a brand rather than a description. That is useful while you are building the business and waiting for a federal registration to come through.
What the ℠ Symbol Means
The ℠ symbol works the same way as ™, but for services instead of goods. A consulting firm, a restaurant, a software company that sells subscriptions or a fitness studio might use ℠ next to its name.
In practice, many service businesses just use ™, and the public understands it. Either one is fine. What matters is that you use the symbol consistently, and that you do not switch to ® before you are entitled to it.
What the ® Symbol Means and When You Can Use It
The ® symbol means the mark is registered with the USPTO. Federal law lists it as one of three accepted forms of registration notice. The other two are the words “Registered in U.S. Patent and Trademark Office” and the abbreviation “Reg. U.S. Pat. & Tm. Off.” (15 U.S.C. § 1111).
You may use the ® symbol only when all three of these are true:
- The USPTO has issued a registration for the mark, on either the Principal Register or the Supplemental Register.
- You are using the mark on the goods or services listed in that registration.
- The registration is still active, meaning it has not expired or been cancelled.
A pending application is not enough, and neither is a California state trademark registration. Until the federal registration issues, stick with ™ or ℠.
Why the ® Symbol Matters if Someone Copies Your Brand
Most guides skip this part, but it is the main reason we, as trial attorneys, care about such a small symbol.
Under 15 U.S.C. § 1111, if you do not give notice of registration with the ® symbol or one of the other accepted forms, you cannot recover profits or damages in a federal infringement lawsuit unless the infringer had actual notice of your registration. That means if your packaging, website and ads leave off the ®, a copycat may be able to argue that it did not know your mark was registered, and the money part of your claim can shrink or disappear for the period before it was told.
Actual notice can come in other ways, most often through a cease-and-desist letter, and missing notice does not stop a court from ordering the infringer to stop. But the money matters, and the fix costs you nothing. If you have a federal registration, use the ® symbol. It keeps your options open if you ever need to bring trademark infringement claims.
Take a coffee roaster in Orange County that registers its brand name and then sees a competitor launch a nearly identical label. If the roaster’s bags and website carried the ® symbol all along, the roaster is in a much stronger position to ask for the competitor’s profits from the start of the infringement, not just from the date of a demand letter.
Common Trademark Symbol Mistakes
The USPTO’s examination manual lists several improper uses of the registration symbol (Trademark Manual of Examining Procedure § 906.02). These are the ones we see most often:
- Using ® while the application is still pending.
- Using ® based on a California or other state registration, or a registration from another country.
- Using ® on products or services that the federal registration does not cover.
- Continuing to use ® after the registration has expired or been cancelled.
- Placing one ® symbol in a way that suggests several different marks are all registered when only one is.
Most of these mistakes are accidental, and they can usually be corrected. But misuse of the ® symbol with an intent to deceive the public can be treated as fraud, and it can put the registration itself at risk in a dispute (TMEP § 906.04). Our advice: if you are unsure whether your registration covers a new product line, check before you print. Fixing a label file is a lot cheaper than reprinting a pallet of packaging.
Where to Place the Symbol
The law does not say exactly where the symbol goes. Here is what we recommend:
- Place the symbol close to the mark, usually at the upper right in superscript, or at the lower right.
- Use it at least on the first or most prominent use of the mark on a page, package or screen. You do not need to repeat it every time the name appears in a paragraph of text.
- Be consistent across your packaging, website, social media profiles and advertising.
Consistency matters more than size. A small, clear ® on every product label is worth more than a large one that appears on some materials and not others.
How to Type ™, ℠ and ®
A quick practical note, since this is one of the most common questions people search for:
- On a Mac: Option + 2 types ™, and Option + R types ®.
- On Windows: Alt + 0153 types ™, and Alt + 0174 types ® (using the number pad).
- In HTML: use ™ for ™ and ® for ®. The ℠ symbol has no simple shortcut on most keyboards, so copy it from a character map or use the code ℠.
From ™ to ®: Getting Your Mark Registered
Moving from ™ to ® means filing an application with the USPTO, responding to any issues the examining attorney raises, and waiting for registration. If you have not started using the brand yet, an intent-to-use application lets you secure your place in line before launch. Our step-by-step guide explains how to register a trademark. Where you can, aim for the Principal Register. It carries benefits the Supplemental Register does not, including the legal presumption that you own the mark.
Frequently Asked Questions
What is the difference between a registered trademark and a trademark?
A trademark is any word, logo, slogan or design that identifies the source of your goods or services. You can have rights in a trademark through use alone. A registered trademark is one the USPTO has registered, which gives you legal presumptions of ownership across the United States and the right to use the ® symbol.
What does SM mean on a logo?
SM (℠) means the business claims the logo or name as a service mark: a brand for services rather than physical products. Like ™, it requires no registration.
Can anyone use the TM symbol?
Yes. Anyone who claims rights in a mark can use ™. But using the symbol does not create rights you do not have. If another business used the mark first, ™ will not protect you.
Can I use the ® symbol while my application is pending?
No. The ® symbol is reserved for marks that are registered. Use ™ or ℠ until the USPTO issues your registration.
Does using ™ protect my brand?
Somewhat. It puts others on notice that you claim the mark, but real protection comes from use in commerce and, more fully, from a federal registration.
Talk With a Trademark Lawyer About Your Brand
Picking the right symbol is a small decision, but it points to a bigger question: is your brand protected the way it should be? Jafari Law Group is based in Irvine and serves businesses throughout Orange County. Our attorneys are registered to practice before the USPTO and have drafted and filed more than 400 patent and trademark applications.
If you are ready to move from ™ to ®, or you think someone is copying your brand, talk with a trademark lawyer at our Irvine office. We are happy to take a look. Request a free evaluation online or call 949-362-0100.