Trademark Symbols: A Guide to Usage and Protection

Trademarks are everywhere. You see them on a Pepsi bottle, hear them in the NBC chimes, and read them in the name of a famous celebrity. They’re not always followed by a trademark symbol, but they can be. Trademark symbols apply to specific words, phrases, or images, like logos. As you think about starting or growing your business, you should learn about the different trademark symbols and whether you need them.

Trademark symbols at a glance

A trademark symbol is a specific letter or sequence of letters that shows other businesses you’re claiming ownership of a specific brand name, logo, or slogan. Trademark symbols are used in commerce to distinguish goods and services from one business owner to another.  

Trademark symbols are a company's first line of defense when protecting themselves and their property. They serve as a warning to your competitors not to copy you. They also give customers confidence they’re choosing your unique goods or services. They’ll recognize your logo and know it’s authentic because of the trademark symbol.

The three trademark symbols

Whether you realize it or not, trademarks are everywhere. You probably see these three types of trademark symbols throughout your daily life.

• ™ Trademark: This symbol is used for unregistered marks applied to goods. The TM symbol signals that you’re claiming ownership, even if the mark isn’t formally registered.
• ℠ Service mark: Service marks are used for services rather than goods. Like the TM symbol, the SM symbol can be used without formal registration.
• ® Registered trademark: The circle R symbol means your trademark is officially registered with the United States Patent and Trademark Office (USPTO or Trademark Office). Registered marks come with broader legal protection, and you can’t use them unless you’ve gone through the trademark registration process.

These are the only three trademark symbols in the United States. Before you jump into the trademark world, it’s important to learn the similarities and differences.  

Unregistered trademark symbol

Anyone can use the trademark or service mark symbol to claim rights to a name, phrase, or logo without registration by adding the TM symbol. This is also called a “common law” trademark symbol. The TM symbol informs the business world that, despite your lack of registration of your mark with the Trademark Office, you are still the rightful owner of that particular word or image.

You can use an unregistered trademark symbol at any time, including immediately after you start your business. You can even use it if the Trademark Office won’t officially register your trademark. Keep in mind that the right to use a mark and accompany it with a common law trademark symbol assumes that no one else is already the rightful owner of that mark. If someone already has a registered trademark symbol that’s similar to yours, broadly speaking, you cannot qualify for either federal or common law protection. 

Although simpler than a registered trademark symbol, the unregistered symbol provides only limited legal protection. For example, let’s say you use the trademark symbol on your company logo, which isn’t registered with the Trademark Office. If a similar company registers a comparable logo, the registered trademark owner can, in many circumstances, prevent you from using your logo going forward—even if you were using it first.

Service mark symbol

A service mark, which uses the SM symbol, applies to businesses offering services rather than goods. It’s similar to the TM trademark symbol but shows that you own the trademark for a service rather than a product. Both SM and TM are often referred to as unregistered trademark symbols.

Anyone who provides a service to the public, like a consulting firm, law firm, financial adviser, or cleaning company, can use a service mark symbol. You can claim a service mark right away without registering the name, logo, or phrase simply by adding the SM symbol.

The service mark symbol offers the same legal protection as the TM symbol—and, therefore, has the same disadvantages. While an unregistered service mark can help you establish trust with customers, reduce brand confusion, and differentiate your business, a service mark symbol that’s registered gives you stronger protection.

Registered trademark symbol

Only trademarks registered with the Trademark Office can use the R symbol. If you do decide to register your distinctive mark, you will have an exclusive, nationwide right to use your mark on the types of goods or services as to which it was registered. Federal registration gives you the ability to sue for trademark infringement in federal court. You can also stop the importation of goods using an infringing mark and use your U.S. registration as a basis to obtain trademark registration internationally.

Who needs registered trademarks? Any business that wants full legal protection for its brand. Businesses operating in interstate commerce may find they need a federal trademark for protection across the country. If you plan to expand to multiple states, a registered trademark also comes in handy. Trademark registration solidifies your rights, providing confidence as you expand and grow.

Importantly, the registered trademark symbol also covers the cyberworld. The Anti-Cybersquatting Consumer Protection Act protects registered trademark owners from cybersquatting, which is when someone tries to register a domain name that is identical or similar to previously registered and well-known marks. They then either use that domain for their own profit or try to sell it to the rightful trademark owner for an inflated sum of money. This protection has been incredibly important for celebrities who have found their names used online by cybersquatters.

How to use trademark symbols

To fully protect your brand and maintain legal rights, you need to use the service mark, trademark, or registered trademark symbol correctly. First, be consistent. Inconsistent or incorrect use might weaken your claim if there’s a dispute. Plus, regular use of the correct symbol will increase customers’ recognition of your trademark.

Keep in mind that you can’t use the registered trademark symbol unless your trademark is officially registered, and doing so is fraud. Once your trademark is registered, the best practice is to place the R symbol next to it at its first or most prominent use in each piece of material.

Place the trademark symbol at the top or bottom right of your brand name, logo, or tagline. (The placement is flexible, but it usually goes at the top right for names and taglines and bottom right for logos.) To make sure everyone at your company uses your trademark symbol correctly, create brand guidelines that specify exactly how to use each trademarked or service-marked element across digital, print, and promotional materials.

How to get a registered trademark

A registered trademark offers the best legal protection, but it does involve an application process. Here’s a step-by-step guide to the trademark registration process.

Step 1: Conduct a trademark search

If you’re considering trademark registration for a particular word or mark, you must first determine whether your mark is unique. This means that a similar mark has not already been registered to cover goods or services like yours. Individuals can perform a trademark search using the USPTO search engine to determine if a mark is claimed by someone else. Individuals can also hire a trademark attorney or use an online tool like LegalZoom’s trademark search service to determine availability.

Step 2: File your trademark application

Once you've determined that your mark is available, you must complete the appropriate application. Submit your registered trademark application through the USPTO’s website, including details about the mark and the types of goods or services it relates to services or goods, and then pay the filing fee. Trademarks are classified by a business’s particular goods and services. Make sure your application is accurate: Mistakes can delay approval, while a strong application may speed up the trademark registration process.

Step 3: Wait for application review

Next, the USPTO will review your application, checking for conflicts with existing registered trademarks to be sure your mark is unique and not deceptive. They might request more information or suggest changes, so pay attention to your emails and notifications. Expect it to take between 10-16 months to secure federal trademark registration with the USPTO. You can check current wait times on the USPTO website.

Step 4: Publish your trademark

If the USPTO approves your application, they’ll publish it in the Official Gazette, a public journal for trademarks. Other businesses then have 30 days to contest your application if they think your trademark conflicts with their own mark. If no one contests your trademark, you’ll go to the next step.

Step 5: Register your trademark

Assuming no one objects to your trademark, the USPTO issues a registration certificate, finalizing your trademark rights. At this point, you’ve earned exclusive rights to use the registered trademark symbol across the U.S. You’re now legally protected from others trying to use your trademark in any capacity that could confuse customers.

Step 6: Wait to use the R symbol

Your mark itself is protected as of the date of filing (not the later date of issue), allowing you to begin using your trademark immediately. Just remember that the federal R symbol can only be used to accompany your mark after the USPTO actually registers the mark. While the application is still pending, you must use the TM symbol or SM symbol.

Step 7: Maintain your trademark 

Federal trademark protection can last indefinitely, provided that the trademark owner submits the proper paperwork. (This differs from copyright and patent protection, both of which eventually expire.)

To maintain federal trademark protection, you must prove that you actively use the mark in commerce. Between the fifth and sixth years after you register, you need to file a Declaration of Use with the USPTO. Between the ninth and tenth years, plus every ten years after that, you need to file both a Declaration of Use and an Application for Renewal.

Register your trademark with LegalZoom

Understanding trademark symbols and securing your trademark can be complex, from the search process to filing requirements. But hiring a trademark attorney isn’t your only option. LegalZoom’s trademark registration service simplifies each step so you can protect your brand without the stress. Let our legal services team handle the details so you can focus on growing your business. Learn more about our services today.

FAQs

Do I have to use a trademark symbol?

Using a symbol isn’t required by trademark law, but adding it shows you claim ownership and helps prevent unauthorized use. Using the correct symbol can also build credibility and trust with customers and help you avoid legal issues.

Should I use the TM symbol or R symbol for my trademark?

Use the TM symbol for unregistered trademarks or during the registration process. After completing registration, switch to the R symbol, which shows your trademark is officially registered. (Be careful not to use the R symbol before your application is completed, which is considered fraud.) If you have a service business, you can use the SM symbol instead of the TM symbol. 

Where should the trademark symbol be placed?

Use the trademark symbol in the top right or bottom right corner of your brand name, logo, or slogan. This makes ownership clear without distracting from the design. Consistent placement is important to protect your legal rights, so include symbol placement in your brand guidelines.

Can I use the trademark symbol if my trademark is registered in another country but not in the U.S.?

You cannot use the R symbol in the U.S. unless you have federal trademark registration with the United States Patent and Trademark Office (USPTO). If it’s only registered abroad, use the TM symbol or SM symbol instead. For full legal coverage in the U.S., complete a USPTO registration to be eligible for the R symbol here.

What are the consequences of misusing trademark symbols?

Misusing officially registered trademark symbols can lead to fines, legal disputes, or confusion over your ownership rights. Improper use, such as adding the R symbol without registration, could even be a crime. Use the trademark symbol properly to strengthen your brand. Misuse can lead to weakened claims or legal action.

Stephanie Morrow contributed to this article.