How to Pick the Right Trademark Symbol – An EASY GUIDE

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.

DON’T WORRY

You are not alone! Most people have questions about trademark symbols. They can definitely be confusing, but don’t let them intimidate you! This guide will walk you through what the different symbols mean, how to pick the correct symbol to use with your trademark and show you some examples of how to use trademark symbols in different media.

WHAT IS A TRADEMARK?

A trademark is 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.

WHY DO WE USE TRADEMARK SYMBOLS?

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. Read our easy-to-understand guide to trademark symbols here.

HOW MANY TRADEMARK SYMBOLS ARE THERE?

There are three different trademark symbols. They are:

• TM – for products or goods

• SM – for services

• The letter “R” in a circle ® – for trademarks that have been registered with the U.S. Patent and Trademark Office.

HOW DO YOU PICK THE PROPER 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.

DO YOU NEED TO USE A TRADEMARK SYMBOL?

You are not required to use trademark symbols. Still, it is a good practice to use them.

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?

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Michael Kondoudis

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).