Navigating the world of trademarks for your product or service can be difficult, but wholly necessary to protect your assets. Luckily, throughout the entire registration process, you have different options for protecting your brand in the form of trademark symbols.
The three symbols that can be used are the circled R (®), the little capital letters TM (™), and the little capital letters SM (℠). The circled R (®) can only be used once your good or service has been successfully registered, but the SM (℠) and TM (™) symbols can be used for common law protection while your application is pending.
What Does Each Symbol Mean?
Determining how and when to use each symbol begins with understanding what they mean. The circled R can only be used once you have a federal registration. This means you’ve applied for it and received a trademark registration from the US government.
Registered trademark symbol
The registered trademark symbol (®) denotes that the good in question is registered in that country. This offers the highest level of protection that a registered trademark receives. It lets people know that this is a trusted, registered product and can discourage competitors from infringing on the asset you have registered. In the simplest form, it functions as a green light for consumers who know they can trust that it’s the product they’re looking for and serves as a red light for competitors looking to capitalize off of your brand through infringement.
Trademark symbol
A trademark symbol (™), is a mark that represents goods, like clothing or sunglasses. This symbol indicates that you are claiming rights within that mark and will potentially deter others from using it. Additionally, the TM symbol can provide common law trademark rights to the user. This is the symbol you should use while you are waiting for your application to be reviewed by the USPTO to obtain a federal registration.
Service mark symbol
SM stands for service mark. Service marks are marks that represent services as opposed to goods. For example, Josh owns Gerben IP, which is a law firm. He offers legal services and therefore would use the SM service mark.
When Do I Use Each Symbol?
Registered Trademark (®)
Only used after trademark registration has been approved.
You are not allowed to use the circled R before you receive the registration. If you apply for the trademark and then begin using the circled R, it can be grounds for the government to deny the trademark application, because using that circled R is actually a violation of federal law unless you own the trademark registration.
Trademark (™)
Only used when claiming rights to a good without a trademark registration.
The ™ symbol is to be used when claiming rights to a good without a trademark registration. It can offer common law trademark rights to the user of the symbol and is the correct symbol to use in the interim while waiting for your registered trademark application to be approved.
Service Mark (℠)
Only used when claiming rights to a service without a trademark registration.
The ℠ symbol is to be used when claiming rights to a service without a trademark registration. The use of this mark is similar to that of the ™ except that it is used when claiming a service as your own. This is also a symbol to be used while waiting for your registered trademark application to be approved. In our conversation, we tend to use the word “trademark” to refer to both trademarks and service marks. The term “service mark” isn’t used very often as it is more of a technical thing. But if you are offering a service and wish to claim rights in your trademark, the SM mark is the technically correct symbol for your situation.
How Do I Use Each Symbol?
1. Where should the symbol be placed when using it on a logo or mark?
All three trademark symbols should be placed in the top right corner following the mark in question. In the case that you choose to use regular-sized typography, it is acceptable to place the symbol immediately following the mark.
2. Should you use the symbol on your trademark application?
The trademark registration application is strictly for the asset you wish to mark so it should not include any official trademark symbol. If it is included in your application, this would be flagged as unable to register and would require a trademark office action to address.
If the trademark application uses the ® symbol, it would result in a rejection due to a violation of federal law. It is against federal law to use the ® symbol before you receive a registered trademark. Don’t make this mistake! The guidance of an experienced trademark attorney would flag this in your application and prevent rejection.
3. If your trademark is registered abroad, can you use the symbols in the U.S.?
If your trademark is registered outside of the U.S., you cannot use the ® to denote a registered trademark in the U.S. Simply put, in order to use a ® symbol in the United States, your mark must be registered with the USPTO.
Once you’ve got an understanding of when and where to use the trademark symbols, their application is fairly straightforward. However, if you’re ever in doubt or looking for guidance in the trademark application process, turning to an experienced trademark attorney is always a great idea.
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