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Which Trademark Symbols Should You Use? – In Plain Language

registered trademark symbol

If you have a Federal trademark registration, you should use the letter R in a circle — ®. Otherwise, you should use TM or SM.  Trademark Symbols matter.

 

Knowing which trademark symbol you should use (and when to use that symbol) can be confusing. There are different symbols for different types of trademarks. This blog answers these questions – in plain language.  This post discusses and answers the following important questions:

  1. How many trademark symbols there are
  2. What the different trademark symbols mean
  3. When to use each of the different trademark symbols

 

How many trademark symbols are there?

There are three trademark symbols. 

 

What are the different trademark symbols? 

The three trademark symbols are:

  1. the small capitalized letters TM
  2. the small capitalized letters SM, and
  3. the letter R in a circle — ®

 

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.

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.

 

 

 

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.

 

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.

 

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.   

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.