Trademark Symbols: Understanding When to Use Each Symbol
As a business owner, you’ve likely seen the ™, ℠, and ® symbols used alongside brand names, logos, or slogans, or maybe even considered using them alongside your own. While most people understand that these symbols are associated with trademark rights, there is often confusion around what each one actually means, when it should be used, and whether simply adding one to a brand element creates legal protection.
Each of these trademark symbols serves a different purpose and carries different legal implications. Using the correct trademark symbol can help you accurately communicate the level of protection your brand has obtained through federal trademark registration, while using the wrong one can create confusion about the status of your trademark rights.
This article explains the differences between the ™ symbol, the ℠ symbol, and the ® symbol, along with when business owners are permitted to use each one.
What Are Trademark Symbols?
Trademark symbols are shorthand indicators that communicate information about a trademark or service mark. Depending on the symbol being used, they may indicate that a business claims rights to a brand name, logo, or slogan, they have submitted an application for federal trademark registration with the United States Patent and Trademark Office (USPTO), or the mark has already been approved and registered.
The three trademark symbols are:
™ (Trademark): signifies an unregistered trademark or pending trademark registration, for use in connection with physical goods
℠ (Service Mark): signifies an unregistered service mark or pending service mark registration, for use in connection with services
® (Registered Trademark): signifies a trademark or service mark that has been approved by the USPTO for federal registration
Although they are often grouped together, these trademark symbols are not interchangeable, so understanding the distinction is important for any business owner seeking to protect their brand.Furthermore, it’s important to remember that using the correct trademark symbol is only one aspect of brand protection. Determining when your business should pursue federal trademark registration, selecting the appropriate goods or services, and developing an overall trademark strategy often require a more nuanced legal analysis. For that reason, many business owners choose to work with a trademark attorney to ensure they are not only using trademark symbols correctly, but also taking the appropriate steps to comprehensively protect their brand.
The ™ Symbol: Unregistered Trademarks for Goods
The ™ symbol is used to indicate that a business is claiming trademark rights to a brand element associated with goods or products. For example, a company selling skincare products, apparel, jewelry, candles, or packaged food products may place the ™ symbol next to its brand name or logo to identify it as a trademark associated with those goods.
One of the biggest misconceptions surrounding trademark symbols is that simply using the ™ symbol automatically grants the rights and benefits associated with federal trademark registration. It does not. The ™ symbol may be used regardless of whether a trademark application has been filed with the USPTO and does not indicate that a trademark has been reviewed, approved, or registered.
This means businesses may generally use the ™ symbol before filing an application, while an application is pending, or without pursuing federal registration at all.
The ℠ Symbol: Unregistered Service Marks
The ℠ symbol functions similarly to the ™ symbol, but it is used exclusively for services. This distinction stems from the difference between trademarks and service marks, where trademarks are associated with goods, while service marks are associated with services. Examples of businesses that may use the ℠ symbol include business consultancies, marketing agencies, accountants, or coaches.
Like the ™ symbol, federal registration is not required before using ℠. A business may generally use the ℠ symbol before filing a service mark application, while an application is pending, or without pursuing federal registration at all.
In practice, many service-based businesses use ™ even though they offer services rather than products. While this is common, the ℠ symbol remains the technically correct designation for an unregistered service mark.
The ® Symbol: Federally Registered Trademarks
Of all the trademark symbols, the ® symbol carries the most legal significance. Unlike ™ and ℠, the ® symbol may only be used when a trademark or service mark has been approved for registration by the USPTO. It is intended to serve as public notice that the trademark has been federally registered and its owner is entitled to the benefits, rights, and legal protections associated with that registration.
A common misconception among business owners is that once a trademark application is submitted, the mark becomes “registered” and usage of the ® symbol is permitted. In reality, trademark registration is a separate milestone that occurs only after the USPTO has reviewed and approved a trademark application. The ® symbol should only be used once the trademark application has been approved, the registration certificate has been issued, and the mark appears on the federal trademark register.
Because the ® symbol specifically signifies a federally registered trademark, businesses should avoid using it before registration has officially been granted. While premature use is often the result of a misunderstanding rather than intentional misuse, it can create confusion regarding the status of a mark and may become problematic if trademark rights are later challenged or enforced.
Trademark Symbols: A Seemingly Small But Important Detail
While trademark symbols may seem like a minor detail, they communicate important information about your trademark rights and can help prevent confusion about the level of protection your brand has obtained.
More importantly, trademark symbols do not create trademark rights on their own. Simply adding ™, ℠, or ® to a business name, logo, or slogan does not negate the trademark registration process, nor does it guarantee legal protection. Instead, these symbols should be viewed as tools for accurately indicating the status of your trademark rights to your competitors and consumers.
If you’re unsure whether your business should be using ™, ℠, or ®, or you’re considering federal trademark registration, Mika Mooney Law can help you determine the best strategy for properly protecting your brand. Click here to book a free discovery call!
Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.
