The ® symbol indicates that the mark is registered with the USPTO and protected by federal law. The TM symbol indicates only that the mark is trademarked but may not be registered with the USPTO.
By Michael Kondoudis, Small Business Trademark Attorney
This is our COMPLETE guide to the TM and ® trademark symbols.
This guide explains what the TM and ® symbols mean, when to use them, and the differences between them.
If you’re a trademark owner wondering what the differences are between the TM and ® symbols, then this guide is for you.
Let’s get started!
CONTENTS
1. About Trademarks
What is a trademark?
A trademark is a symbol, name, or other device that distinguishes the goods or services of one company from those of others. A trademark can be a word, phrase, logo, graphic, color, or even a sound. The purpose of a trademark is to prevent consumers from being confused about the source of a product or service. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO), the federal agency that administers federal trademarks.
What is trademark registration?
Trademark registration is a process through which the U.S. Patent and Trademark Office (USPTO) evaluates a trademark to ensure that it qualifies for protection under federal trademark laws. The trademark registration process involves submitting an application to the USPTO and then waiting for the office to review the application and make the determination.
Is trademark registration required?
Registration is optional, but trademarks registered with the USPTO are stronger than those that are not registered. Only owners of registered trademarks are legally permitted to use the ® trademark symbol.
What are some of the benefits of trademark registration?
The benefits of trademark registration are numerous. First, only one person or business can register a trademark in an industry. When a trademark is registered, no one else can register or use it. Secondly, trademark registration is official confirmation of ownership of the mark. Third, trademark registration extends protection nationwide. Also, trademark registration is a powerful marketing tool; by registering your mark, you tell customers that your products or services are of high quality and legitimacy.
You can read all of the reasons to register a trademark here.
2. The TM Trademark Symbol
What does the TM symbol mean?
Typically, the TM symbol means unregistered trademark. The TM symbol means you claim rights in your trademark but may not have registered it. The TM symbol lets people know that a name, word, phrase, or logo is trademarked – regardless of whether you have registered it or not.
What is the TM symbol used for?
Typically, the TM symbol is used to indicate an unregistered trademark. When the TM symbol is used with a name, word, phrase, or logo, it means that the mark may not have been registered with the USPTO.
Do you need help with your trademark?
When is the TM symbol used?
The TM symbol can be used at any time, regardless of whether or not your trademark is registered with the USPTO. So, the TM symbol can be used with registered and unregistered trademarks. However, a TM symbol is typically used to indicate an unregistered trademark.
When should you use the TM symbol?
You should use the TM trademark symbol for unregistered trademarks and those going through the registration process. After the USPTO registers a trademark, you should use the ® symbol and stop using the TM symbol.
Why is it important to use the TM symbol?
Using the TM symbol for registered trademarks is important because it lets consumers know that you claim rights in a mark, and common law rights protect it. If you don’t use the TM symbol, consumers may not realize that your mark is a trademark.
The TM symbol puts potential infringers on notice that you consider your mark already in use and protects your common law rights to the mark.
3. The ® Trademark Symbol
What does the ® symbol mean?
The ® symbol means registered trademark. The ® symbol means that the U.S. Patent and Trademark Office (UPSTO) has registered your trademark and is protected by federal trademark law. The ® symbol lets consumers know that a name, word, phrase, or logo is trademarked and that it is registered with the USPTO.
What is the ® symbol used for?
The ® symbol is used to indicate a registered trademark. The ® symbol indicates that a trademark is registered with the USPTO.
When is the ® symbol used?
The ® symbol is used only after a trademark has been registered by the USPTO. The ® symbol can only be used with registered trademarks.
When should you use the ® symbol?
You should use the ® trademark symbol for registered trademarks that have completed the USPTO registration process. So, for a company to use the ® symbol, it must first apply for and receive a trademark from the government.
Why is it important to use the ® symbol?
Using the ® symbol for registered trademarks is important because it lets consumers know that the mark is protected by federal law. If you don’t use the ® symbol, consumers may not realize that your trademark is registered.
The ® symbol, on the other hand, provides notice that your mark is registered with the USPTO and deters potential infringers by making it clear that you have a valid claim to the mark.
4. Differences Between TM and ®
The ® and TM symbols are both used to indicate that a particular name, word, phrase, or logo is a trademark. However, there is a distinct difference between the two symbols.
How do the TM and ® Symbols Differ?
The TM and ® symbols differ in the following three ways:
- when they are used
- what they mean
- their impact
#1 Usage
The TM symbol can be used with registered and unregistered trademarks, while the ® symbol can only be used with registered trademarks. You can only use the ® trademark symbol after registering your mark with the USPTO.
The ® symbol is reserved exclusively for registered trademarks, while the TM symbol can be used regardless of whether your trademark is registered with the USPTO.
Do you need help with your trademark?
#2 Meaning
The ® symbol means that a trademark is registered with the USPTO and is protected by federal law, while the TM symbol means that someone claims exclusive rights to a trademark, which may or may not be registered.
#3 Impact
The TM symbol is less powerful than the ® symbol because it doesn’t offer federal protection. However, using the TM symbol can still help to prevent consumer confusion and can help to protect your trademarks from infringement.
5. Condensed Summary
When you see a company’s logo, there is usually a little symbol next to it. But what does that symbol mean? The two most common symbols are the TM and the ®. They may look similar, but they actually have two very different meanings. Keep reading to learn the difference between the TM trademark symbol and the ® trademark symbol.
The TM symbol stands for ‘trademark.’ It can be used with any word, phrase, or logo that a company feels represents their brand. The TM symbol does not have to be registered with the government to be used; however, businesses can only use it once they have proof that they are using it as a trademark. common law rights.
The ® symbol stands for ‘registered trademark.’ This means that it is a trademark that has been registered with the government. In order to use this symbol, businesses must first register their trademark with the USPTO.
The bottom line is that if you want to use the ® symbol, you must register your trademark with the USPTO. However, you can use the TM symbol even if your trademark is not yet registered. Doing so will help you protect your rights to your word, phrase, or logo by indicating that you are already claiming ownership of it.
TAKE THE NEXT STEP
Take next step toward LEGALLY owning your Trademark!
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your mark, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).