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:
- How many trademark symbols there are
- What the different trademark symbols mean
- 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:
- the small capitalized letters TM
- the small capitalized letters SM, and
- 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.
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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).