This is my easy-to-read guide to trademark symbols.
In my over 20 years of experience as a trademark attorney, trademark symbols have been one of the most frequently asked – and misunderstood – aspects of trademarks. I hope to change that.
In this all-new guide, you’ll learn:
We’ll also answer some frequently asked questions (FAQs) about trademark symbols, including:
Section I: The Basics of Trademark Symbols
- What is a Trademark Symbol?
- What is a trademark?
- What do Trademark Symbols do?
- Do you have to use a Trademark Symbol?
- Why should you use a Trademark Symbol?
Section II: The Trademark Symbols
- How many Trademark Symbols are there?
- What are the Trademark Symbols?
- Examples of Trademark Symbols
- What do the Trademark Symbols mean?
- What does the ® Trademark Symbol mean?
- How to pick the correct Trademark Symbol
- How to get the ® Trademark Symbol
Section III: Where to Put Trademark Symbols
- Where is the best place to put a Trademark Symbol?
- Where do you put a trademark symbol on a logo?
- Where do you put a trademark symbol with a phrase?
- Where do you put a trademark symbol on a product?
Section IV: When to Use a Trademark Symbol
- When should you use a trademark symbol?
- How often should you use a trademark symbol?
Section V: Trademark Symbol Usage Guidelines
Section VI: Frequently Asked Questions
So, if you want to learn about trademark symbols, read on – this guide is for you.
PART I: The Basics of Trademarks and Trademark Symbols
In this section, we’ll explore the basics of trademarks and review the three trademark symbols – what they are and what they do.
What is a Trademark Symbol?
A trademark symbol is a visual indicator that the name, logo, phrase, or character next to it is a trademark.
• A trademark symbol identifies your trademark.
• A trademark symbol helps customers recognize your trademark.
• A trademark symbol warns competitors that you claim ownership of the mark.
• A trademark symbol tells customers and competitors if your trademark is registered with the U.S. Patent and Trademark Office.
There are three trademark symbols. The three trademark symbols are a (®), TM, and SM. These trademark symbols signify trademark rights. They are typically used in superscript next to a trademark.
The trademark symbol TM stands for trademark and is used next to unregistered trademarks. The TM symbol is a mark that represents goods, such as automobiles, appliances, and clothing.
The trademark symbol TM is a symbol for a trademark that represents goods, like apparel, cars, microwaves, and watches. The trademark symbol TM is usually used with unregistered trademarks. The TM symbol indicates that you are claiming rights to trademark next to it. The trademark symbol ™ is the most common and recognizable trademark symbol.
The trademark symbol SM stands for service mark and is used next to service marks, which promote a service. The SM symbol is a mark that represents services, such as dental services, house cleaning, and consulting services.
The trademark symbol ® stands for registered and is used next to trademarks that have been registered with the U.S. Patent and Trademark Office.
You can use a trademark symbol at any time. The key is to use the right one in the right way. The answer to the question “What is the proper trademark symbol?” depends on (1) whether you are selling a good or a service and (2) the status of a trademark application with the US Patent and Trademark Office. All of this (and more) is discussed below.
Remember: A trademark symbol tells people that the name, logo, phrase, or character next to it is a trademark.
What is a trademark?
Trademarks are badges of origin that distinguish the products or services from one organization from the competition. They can take many forms. Names, phrases, symbols, and logos can be trademarks if they identify your goods or services.
Trademarks are also a marketing tool that helps customers identify the products and services that you sell from those sold by your competition. They let people know that they are buying the “genuine article” — your product or service. Names (words), logos, and slogans/catchphrases are the most popular kinds of trademarks. Trademarks represent brands.
Related: Complete Guide to Trademarks
Some of the most famous trademarks are:
• the names GOOGLE® and AMAZON®
• Nike’s slogan JUST DO IT®
• the letters IBM® and AT&T®
• the numbers 501® (for Levi’s jeans)
What do Trademark Symbols do?
We use Trademark symbols to accomplish three important jobs.
1. Trademark symbols provide “public notice” that deters imitations. Trademark symbols warn competitors about which names, phrases, symbols, and logos that you claim as trademarks. In this way, trademark symbols warn competitors not to copy or imitate your trademark and let everyone know that you claim trademark rights in your brand.
2. Trademark symbols help consumers recognize your trademarks. Trademark symbols identify the visual cues (e.g., names and logos) that you want your customers to seek out.
3. Trademark symbols tell competitors and customers that you registered your trademarks with the U.S. Patent and Trademark Office. This means that they come with exclusive national rights and protections under Federal law.
Do you have to use a Trademark Symbol?
No, there is no legal requirement to use a Trademark Symbol. The use of a Trademark Symbol is entirely optional. You do not need to use a Trademark Symbol, and not using a Trademark Symbol will not invalidate your trademark rights. However, there are many good reasons to use a Trademark Symbol with your trademarks.
Why should you use a Trademark Symbol?
Every time you use your trademark, you have the option to use a symbol with it. There is no requirement to use Trademark Symbols. Still, it’s a good idea to use Trademark Symbols for several reasons.
1. Using Trademark Symbols conditions consumers to start looking at your trademark as your brand. This is a meaningful way to introduce your brand to consumers.
2. Using Trademark Symbols lets the competition know you’re claiming the trademark as yours. This is an effective way to ward off potential copying by competitors.
3. If you do not use a trademark symbol, you can lose out on certain money damages like lost profits.
Trademark symbols help the buying public recognize trademarks. A trademark symbol tells consumers that the word, logo, or catchphrase preceding the symbol is a trademark.
If you have a Federal trademark registration for your brand, you should definitely use a Trademark Symbol because it lets consumers and competitors alike know that you have a Federal trademark, which is the highest level of brand protection.
Do I have to use a trademark symbol?
Trademark owners often ask “do I have to use a trademark symbol?” The answer is no. Use of a trademark symbol is not mandatory.
PART II: The Trademark Symbols
In this section, we’ll review the three trademark symbols, including what they mean and when to use them.
How many Trademark Symbols are there?
There are three trademark symbols.
What are the three Trademark Symbols?
The three symbols are:
• the capital letter R, which is usually shown in a circle (®);
• the capital letters TM, which are usually shown in superscript (™); and
• the capital letters SM, which are usually shown in superscript (℠).
What are some trademark symbol examples?
Examples of the registered trademark symbol for names and phrases
• Twitter®
• America runs on Dunkin’®
• Pepsi®
Examples of the registered trademark symbol for logos
What do the Trademark Symbols Mean?
The TM and SM symbols indicate that your trademark is not yet registered with the U.S. Patent and Trademark Office. In contrast, the ® symbol means that your trademark is registered. The ® is only for trademarks that have been federally registered with the U.S. government. This means that you have filed an application with the U.S. Patent and Trademark Office and have received a trademark registration certificate.
Let’s explore each of the symbols in more detail.
TM symbol meaning
TM stands for trademark. Trademarks are marks used with goods, such as cell phones, clothing, software, and juice. The letters TM mean that a name, word, logo, or phrase is an unregistered trademark, which means that it is not registered with the U.S. Patent and Trademark Office. If you are selling goods, you should use the TM trademark symbol to identify your unregistered trademark, including names, logos, and phrases.
Who can use the TM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.
When can you use TM? The answer is: you can use the TM symbol immediately – as soon as you start using a trademark to brand a product. This means you can use the TM symbol the first time you use your trademark. You do not have to wait to use the TM symbol.
When should you use the TM Trademark Symbol? You should use TM before you have filed your application with the USPTO and while your application is being considered. Use of the circle R or (®) symbol is reserved for registered trademarks. You are not allowed to use the “circle R” before you receive the registration.
How do you use the TM symbol? You use the TM symbol to identify an unregistered trademark. The TM symbol is most often placed in the upper right-hand corner (for word marks) or the lower right-hand corner (for logos). There is some flexibility, but the key is to put the TM symbol immediately next to the trademark.
SM symbol meaning
SM stands for service mark. Service marks are marks used with services, such as legal, dental, restaurant, and entertainment services. More specifically, the letters SM mean that a name, word, logo, or phrase is an unregistered service mark, which means that it is not registered with the U.S. Patent and Trademark Office. If you are offering services, you should use the SM trademark symbol to identify your unregistered service mark, including names, logos, and phrases.
Who can use the SM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.
When can you use TM? The answer is: you can use the SM symbol immediately – as soon as you start using a service mark to brand a product. This means you can use the SM symbol the first time you use your service mark. You do not have to wait to use the SM symbol.
When should you use the SM Trademark Symbol? You should use SM before you have filed your application with the USPTO and while your application is being examined. Again, the circle R or (®) symbol is reserved for registered service marks.
® or “R” symbol meaning
® (or “R” in a circle) stands for registered trademark. Registered trademarks are enhanced trademarks that come with increased protections and rights. More specifically, the registered trademark symbol means that a name, word, logo, or phrase has been registered with the US Patent and Trademark Office.
When can you use the registered trademark “R” symbol? Use of the registered trademark symbol “R” is reserved for Federal trademarks only and can only be used after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the US government.
When should you use the ® Trademark Symbol? You should use the ® symbol after the U.S. Patent and Trademark Office has issued a federal registration for your trademark. Again, the circle R or (®) symbol is reserved for registered trademarks only.
How do you use the registered trademark symbol? You use the registered trademark symbol (®) to identify a registered trademark. There is some flexibility in how you use any trademark symbol. Still, you typically put the registered trademark symbol (®) immediately next to the trademark and in the upper right corner for words and the lower right corner for logos.
ProTip
When in doubt, use the TM trademark symbol. In the trademark industry, we use the word trademarks to refer to both trademarks and service marks. As a result, the term “service mark” and the symbol SM are not often used. So, you can use the trademark symbol TM for both trademarks and service marks.
How Do You Pick The Correct Trademark Symbol?
The correct Trademark Symbol depends on what you are selling and whether you have registered your trademark. So, the answer to the question “what is the right trademark symbol?” is “it depends.” This easy-to-understand guide explains the basics of trademark symbols, which trademark symbol is right for you, and how to pick the right trademark symbol.
Picking the correct trademark symbol for your situation comes down to answering two questions:
Question #1 – Have you have registered your trademark with the U.S. Patent and Trademark Office?
- If the answer is “yes,” then you should use the ® symbol, regardless of whether you are selling services or goods. The ® symbol is reserved for registered trademarks only (applying for a trademark isn’t enough).
- If the answer is “no,” then you ask yourself:
Question #2 – Are you selling a service or a physical good, or both?
- If you sell services only (e.g., dentistry, coaching, consulting, entertainment), you can use the SM trademark symbol. SM means “service mark” and it is used by businesses offering services rather than physical goods.
- If you sell physical goods only (e.g., shoes, cars, pencils, BBQ sauce), you can use the TM trademark symbol. TM means “trade mark” and issued by businesses offering physical goods rather than services.
- If you are selling both services and physical goods, you can use the TM trademark symbol.
Tip: You can use the TM trademark symbol for both goods and services. You can only use the SM symbol for services.
A Comment About Trademark Registration. While unregistered trademarks provide limited common law protection, registration provides several advantages, including greater rights and evidentiary benefits in court. Read more about the advantages of Federal trademark registration.
How do you get the “circle R” or ®?
The only way to legally use the ® is a trademark symbol is to go through the trademark registration process at the U.S. Patent and Trademark Office. The trademark registration process includes the following steps:
- Performing a trademark search: This ensures that you aren’t infringing on anyone else’s trademarks.
- Completing an application: The following filing requirements must be satisfied, as well as the payment of a non-refundable government fee.
- Responding to Office Actions: If your trademark application is denied, you’ll receive a letter describing the issues.
- Publication: After your application has been accepted, it will be published in the Official Gazette for a period of time.
- Registration: If no one objects to your trademark or seeks an extension to object, you will receive a registration certificate approximately six months after publication.
PART III: Where to Put Trademark Symbols
In this part, we’ll go over how to use trademark symbols, including where to place them with a trademark. We’ll also cover when to use trademark symbols in various media.
How to use a trademark symbol?
There is some flexibility regarding how and where to use a trademark symbol (TM, SM, or ®). Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itself—each is an acceptable way of displaying the relevant symbol. While there is no specific requirement regarding the font or size of these symbols, they are often placed adjacent to the mark, in superscript (raised) font, for example, COCA-COLA®.
Where to put a trademark symbol?
You may put a trademark symbol anywhere around your trademark. There is no one right place. Instead, there is some flexibility. You may place TM, SM, or ® anywhere around your trademark. Still, it is customary to place a trademark symbol after the trademark and on the right side.
Where is the best place to put a trademark symbol?
The best place to put a trademark symbol is close to your mark, regardless of whether your trademark is a name, word, phrase, or logo.
Where exactly does a trademark symbol go?
For names, words, and phrases: The most common place to put a trademark symbol for a name, word, or phrase is in the upper-right corner. In fact, in nearly all cases, trademark symbols (whether it is TM, SM, or ® ) are placed at the top right corner of a trademark. Also, it is common to use superscript for a trademark symbol.
For logos and designs: The most common place to put a trademark symbol for a logo or design is at the logo is in the lower right corner.
Where do you put a trademark symbol on a logo?
For logos, it is best to place the trademark symbol on the right side of the logo. It is best to locate the TM, SM, or ® directly after the mark and near the bottom of the logo. Alternatively, you can put the TM, SM, or ® in the logo.
Where do you put a trademark symbol with a name or phrase?
For word marks, including names and slogans or catchphrases, it is customary to place the trademark symbol on the right side of the mark. Also, it is best to locate the TM, SM, or ® directly after the mark and at the upper right in superscript.
How should you use a Trademark Symbol in writing?
If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it looks like the symbol is at the upper right of the name.
If your trademark is a logo, you can put the Trademark Symbol in the upper right corner of the logo or at the upper right side of the logo.
How should you use a Trademark Symbol on a product?
If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it locates the symbol at the upper right of the name.
If your trademark is a logo, you can put the Trademark Symbol in the logo or at the upper right side of the logo.
To summarize the correct placement of trademark symbols
Proper trademark symbol usage involves two main rules.
First, pick the correct trademark symbol.
Second, put the symbol in the right place so that it (1) identifies your trademark and (2) notifies the public that you claim ownership of your trademark.
Location matters for trademark symbols.
TM symbol placement
You put the TM symbol to the right side of your trademark and either in the:
• upper-right corner if your trademark is a word; or
• lower-right corner if your trademark is a logo.
R symbol placement
You put the R symbol to the right side of your trademark and either in the:
• upper-right corner if your trademark is a word; or
• lower-right corner if your trademark is a logo.
PART IV: When to Use a Trademark Symbol
In this part, we’ll explore when to use a trademark symbol with your trademark and how often you need to use a symbol.
When to use a trademark symbol?
You should use a trademark symbol when you want to let consumers and competitors know that you claim ownership of your mark. They provide public notice or “trademark notice” and serve as visual cues that help identify your trademarks. Also, you can use a trademark symbol every time you use your trademark.
You may use a trademark symbol anywhere around your trademark, although most trademark owners put the symbol in a superscript or subscript to the right of their trademark.
You can use “TM” for goods or “SM” for services. After you have registered your trademark, you can use an ® with the trademark (regardless of whether you sell goods or services).
Do you have to use a trademark symbol every time you use a trademark?
No. You are not required to use a trademark symbol every time you use a trademark. Instead, you can usually focus on using the symbol the first time the mark appears, in the most prominent place the mark is used (e.g., in a heading), or both. Repeated use of trademark symbols can become cluttered. A Trademark Symbol does not have to be used every time a trademark is used.
How often should you use a Trademark Symbol?
As a general rule, it is best to use a Trademark Symbol in the first prominent mention of a trademark in the text of a web page or written documents like articles, press releases, promotional materials, and the like. It is not necessary to use a Trademark Symbol every time used every time the mark appears. This avoids distraction and clutter.
When exactly should you use a Trademark Symbol?
You should use a Trademark Symbol at the first or most prominent mention of a trademark. Again, it is not necessary to use a Trademark Symbol every time used every time you use your trademark. One good, conspicuous use of the proper Trademark Symbol is usually all that is required.
Using a trademark symbol in text
- In print materials (press releases, articles, and company reports)
For shorter printed materials (closer to 1-2 pages), using a trademark symbol with the first instance of the mark is sufficient. For extended printed materials, it is typically advisable to use the trademark symbol at least once per page in which the mark appears. Also, if there is an opportunity to use the trademark symbol with the trademark in a header or footer, all the better.
- In websites and mobile apps
On the web, it is typically advisable to use a trademark symbol in the header or footer on every page that relates to your product or service.
- On social media
The guidelines for using trademark symbols on social media are usually more relaxed. Most businesses only use a trademark symbol in their username/bio, cover image, or thumbnail.
PART V: Guidelines for Using Trademark Symbols
Trademark Symbol Usage Guidelines
The keys to using trademark symbols are: (1) choosing the correct symbol; (2) putting the symbol in the right place; (3) using the symbol consistently; and (4) using the symbol frequently. This is the case regardless of whether you are using TM, SM, or ®.
1. Use the TM trademark symbol for marks that brand goods and SM for marks that brand services. If your mark brands both products and services, use “TM.
2. Use the TM or SM trademark symbols for unregistered trademarks, including while your application for registration is still pending in the U.S. Patent and Trademark Office.
3. Only the ® trademark symbol with Federally registered trademarks. Do not use the registered trademark symbol unless you have a trademark registration.
4. If your trademark is a name, word, or phrase, put TM or ® at the right side corner of your wordmark. Often, superscript is used so that it is in the upper-right side corner.
5. If your trademark is a logo or design, put TM or ® on the right side of your wordmark (names, terms, phrases) and in subscript so that it is in the lower-right corner. Alternatively, you can put the trademark symbol in the logo.
6. Don’t mix trademark symbols. Pick the right one for your trademark and situation and stick with it. There is no legal benefit to switching between trademark symbols.
7. Always consider using a trademark symbol the first time your mark appears or in the most prominent use of your trademark.
Following these trademark symbol usage guidelines is important because it lets consumers and competitors know you’re claiming your trademark. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark. Then, after you register your trademark with the US Patent and Trademark Office, you can use an ® with the trademark.
PART VI: Frequently Asked Questions About Trademark Symbols
In this section, we’ll answer some of the most frequent questions peopel have about trademark symbols.
1. What is the difference between TM and SM?
The SM Trademark Symbol indicates a trademark for services, such as landscaping, coaching, and legal services. In contrast, the TM Trademark Symbol indicates a trademark for goods., such as mobile apps, phones, bread, and hammers.
Examples of Service Marks “SM”
- AMERICAN EXPRESS
- UNITED AIRLINES
Examples of Trademarks “TM”
- CRAFTSMAN
- MACBOOK
- NIKE
2. Which trademark symbol should I use?
It depends on whether you have a federal registration for your trademark. Read about all of the advantages of Federal trademark protection here.
If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.
3. What does the TM trademark symbol mean?
The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.
4. What does the SM trademark symbol mean?
The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.
5. What does the ® trademark symbol mean?
The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans. Read more about when and how to use Trademark Symbols here.
If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark. This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO). Until the USPTO issues your official registration certificate, you should not use the ® symbol.
A word of warning. It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.
6. What is a symbol for a trademark?
A trademark symbol is a sign used to say that the trademark next to it is a trademark. Trademark symbols are visual cues that signal that the name, logo, phrase, or design that precedes it is a trademark.
7. What do trademark symbols look like?
The three trademark symbols are:
- the letters TM
- the letters SM, and
- the letter R in a circle — ®
8. Can you use a Trademark Symbol?
Yes, anyone who has a trademark can use a Trademark Symbol to identify it. It is crucial, however, to use the correct Trademark Symbol. Follow this link to our easy guide to picking the correct symbol for your trademark.
9. Can you use the TM symbol?
Yes, anyone who owns a trademark can use the TM symbol. Also, a trademark owner may use the TM symbol regardless of whether they have applied or have a trademark registration.
10. Can you use a trademark symbol without registering your mark?
Yes, any trademark owner can use the TM symbol at any time. You don’t have to ask for permission or have the approval of the US Patent and Trademark Office. In fact, a trademark owner can continue to use the TM symbol even if the US Patent and Trademark Office rejects their trademark application.
11. What does TM mean?
The letters TM stand for “trade mark” and are a trademark symbol for unregistered trademarks – names, phrases, logos, and slogans – that have not been registered with the U.S. Patent and Trademark Office. The TM symbol is notice of your ownership of an unregistered trademark. Importantly, the TM symbol is used with trademarks for goods – not services. If you are selling goods, such as coffee, clothing, cell phones, and cars, then you would use the TM symbol with your trademarks.
12. What does SM mean?
The letters SM stand for “service mark” and are a trademark symbol for unregistered service marks – names, phrases, logos, and slogans – that have not been registered with the U.S. Patent and Trademark Office. The SM symbol is notice of your ownership of an unregistered service mark. Importantly, the SM symbol is used with marks for services – not goods. If you are selling landscaping, custom cake decorating, accounting, or coaching services, then would use the SM symbol with your marks.
13. What does the ® mean?
The ® (or “circle R”) stands for “registered trademark” and is a trademark symbol for registered trademarks and service marks (trademarks or service marks that have been registered with the U.S. Patent and Trademark Office). The ® symbol is notice of your ownership of a federal trademark registration and all of the national legal rights that come with it. Importantly, the ® symbol is reserved for Federal trademarks only – after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the U.S. government.
14. Why should you use a Trademark Symbol?
Firstly, using a trademark symbol lets customers know what you claim as your trademark. This, in turn, enhances brand recognition and makes it easier for customers to find your products and services.
Secondly, using a trademark symbol lets competitors know what you claim as your trademark. This tends to reduce potential infringement issues by deterring copycats.
Thirdly, promoting your brand increases its value and recognition. Why would you want to keep your trademark a secret?
Ready to take the next step toward LEGALLY owning your Brand?
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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).
