TM vs. ®: Which Trademark Symbol Can You Use?
Anyone can put TM next to a name. The registered symbol is different, and using it before you have earned it can create real problems.
The symbols look interchangeable. They are not. One is a claim anyone can make. The other is a statement of fact about your federal registration, and making that statement when it is not true can be used against you.
TM and SM: a claim, not a right
The TM symbol tells the public that you consider a word, logo, or slogan to be your brand. SM does the same for services. Neither requires a filing, an approval, or a fee. You can put TM on a product name the day you start using it.
What TM does not do is create rights. Your rights in an unregistered name come from actually using it in commerce, and they generally extend only to the geographic area where you use it. TM is a notice that you are claiming the name. It is not proof that you own it.
®: only after the registration issues
The circle R means the mark is registered with the United States Patent and Trademark Office. You can use it only once the registration has actually issued, and only with the goods and services the registration covers. A pending application does not qualify. Neither does a Florida state trademark registration, which is a separate and much narrower right. Neither does forming an LLC, for reasons we explain in trademark vs. LLC.
Why the wrong symbol can backfire
Using ® on a mark that is not federally registered is treated as a misrepresentation. If you ever need to enforce your brand, or if someone opposes your application, misuse of the registration symbol hands the other side an argument, and in serious cases it can support a claim that you acted in bad faith. It is a small mistake with an outsized downside, and it shows up constantly on packaging and websites.
Why the right symbol pays off
Once you are registered, use the ®. Federal law gives a registered owner the strongest remedies when the public has been put on notice. If you do not mark your goods with the registration symbol, you generally cannot recover profits or damages from an infringer unless they actually knew about your registration. It is also a deterrent: a visible ® tells copycats that you have the paperwork to stop them.
A practical rule
- Before you file and while the application is pending: use TM or SM.
- The day the registration issues: switch to ® on the goods and services it covers.
- Where to put it: on the first or most prominent use on a page or package. It does not need to follow every mention.
If you want to know how long it will be before you can make that switch, see how long it takes to get a trademark, or start with our trademark registration page.
Common questions
Do I need to file anything to use the TM symbol?
No. TM simply tells the public you are claiming the name, logo, or slogan as your brand. It requires no filing and gives you no rights beyond whatever common law rights your use has already created. SM is the same idea for services.
Can I use the registered symbol while my application is pending?
No. The registered symbol is reserved for marks that have actually been registered with the USPTO. A pending application does not count, and neither does a Florida state registration.
Do I have to use the registered symbol once I am registered?
It is not mandatory, but it matters. Under federal law, if you do not give notice of registration, you generally cannot recover profits or damages from an infringer unless they had actual notice of your registration.
Protect the name before you build on it.
Tell us the mark and what you sell, and we will tell you whether it is worth filing.
