TM vs. ®: What You Need to Know About Trademark Symbols

 As a Trademark Attorney, one of the most common questions I get asked is about the symbols “TM” and “®”. People often wonder: What’s the difference between these two symbols, and when should they use them? These symbols are used to show that something is a trademark, but there are important differences in how and when each should be used. In this article, I’ll explain what “TM” and “®” mean, how to use them properly, and why it’s so important to understand the difference.



What is a Trademark?

Before we dive into the symbols, let’s first talk about what a trademark is. A trademark is any word, phrase, symbol, or design that distinguishes the source of goods or services. For example, the golden arches of McDonald’s are a trademark, as are the swoosh logo and the word “Nike” for the brand Nike. Trademarks help customers identify the products or services they want and protect the brands that create those goods.

A trademark can be anything from a logo, slogan, or brand name to a unique sound or color. The purpose of a trademark is to protect a company’s brand and prevent others from using it in a way that could cause confusion. But not all trademarks are registered, and this is where the “TM” and “®” symbols come into play.

The “TM” Symbol

The “TM” symbol stands for “trademark,” and it can be used by anyone who claims to have a trademark on a particular word, logo, or symbol. The key thing to remember about the “TM” symbol is that it can be used whether or not the trademark is officially registered with the United States Patent and Trademark Office (USPTO).

When you use the “TM” symbol, you are simply telling the world that you consider a particular mark to be your trademark. It’s a way of saying, “This is my brand, and I’m claiming ownership of it.” The “TM” symbol doesn’t require you to have any official registration, and you can use it as soon as you start using your trademark in commerce (i.e., selling or offering goods or services).

While using the “TM” symbol is not required by law, it can help protect your brand by notifying others that you consider the mark to be yours. It can also help you build brand recognition and reputation, even if you haven’t yet gone through the formal registration process.



The “®” Symbol

The “®” symbol, on the other hand, is much more official. It indicates that your trademark has been registered with the USPTO. Unlike the “TM” symbol, you can only use the “®” symbol once your trademark has been officially registered with the government. Using the “®” symbol without having an actual registration is illegal and can lead to serious legal consequences.

Once your trademark is registered with the USPTO, you can use the “®” symbol next to your trademark on products, marketing materials, and other relevant spaces to indicate that the mark is protected under federal law. This serves as a public notice that your mark is registered and that you have exclusive rights to use it in connection with the goods or services listed in your registration.

The “®” symbol provides you with additional legal protections, including the right to sue for damages in federal court if someone infringes on your trademark. It also gives your trademark stronger legal standing in the event of a dispute. This is why many businesses, big and small, work to get their trademarks registered as soon as possible.

When to Use the “TM” Symbol

You can use the “TM” symbol whenever you want to claim that a word, logo, or design is your trademark, whether or not it’s registered. For example, let’s say you’ve started a new company and created a unique logo for your business. You can immediately begin using the “TM” symbol with that logo to let the public know that it’s your trademark.

The “TM” symbol is also useful for people who are in the process of applying for a trademark but haven’t yet received official registration. You don’t need to wait until your trademark is approved by the USPTO to use the “TM” symbol. As soon as you start using the trademark in commerce, you can start using the “TM” symbol.

However, it’s important to remember that the “TM” symbol doesn’t offer the same legal protections as the “®” symbol. If you’re serious about protecting your brand and want the full legal benefits of trademark registration, you’ll eventually need to go through the official registration process.

When to Use the “®” Symbol

You can only use the “®” symbol once your trademark is officially registered with the USPTO. This means that if you’re in the process of registering your trademark but haven’t yet received approval, you cannot use the “®” symbol.

Once your trademark is registered, you are allowed to use the “®” symbol to indicate that your trademark is protected. This gives you additional legal rights and can help prevent others from trying to use your mark without permission. The “®” symbol is a strong signal to the public that your brand is registered, and it can help deter potential infringers from copying your trademark.

It’s important to use the “®” symbol properly. If you use the “®” symbol when your trademark is not registered, you could face legal consequences, including fines and penalties. So, make sure that your trademark is fully registered before using the “®” symbol.

Why It’s Important to Know the Difference

Understanding the difference between the “TM” and “®” symbols is essential for protecting your brand. The “TM” symbol can help establish your ownership of a mark, even before it’s registered. It’s a way of saying, “This is my brand, and I’m claiming it as my trademark.”

The “®” symbol, on the other hand, provides stronger legal protections because it indicates that your trademark has been officially registered with the USPTO. Once registered, you can take advantage of the full range of legal rights and protections that come with owning a registered trademark.

If you’re serious about protecting your business and brand, it’s important to consider registering your trademark with the USPTO. While the “TM” symbol offers some level of protection, the “®” symbol gives you more legal rights and the ability to enforce your trademark against infringers.

Conclusion

In summary, the “TM” and “®” symbols are both important tools for protecting your trademark, but they serve different purposes. The “TM” symbol is used to indicate that you claim ownership of a trademark, whether or not it’s registered. The “®” symbol, however, can only be used once your trademark is officially registered with the USPTO, and it offers stronger legal protections.

If you’re thinking about launching a business or creating a brand, it’s important to understand how these symbols work and when to use them. As a Trademark Attorney, I recommend registering your trademark as soon as possible to protect your brand and ensure that you have all the legal protections you need to succeed.

By using the correct symbol and registering your trademark, you can help safeguard your brand from competitors and make sure that your hard work and creativity are protected under the law.

Contact us:

CANEI

13950 Milton Ave. Suite 300, Westminster, CA 92683, United States

714-783-2222





Location: Westminster, CA, USA

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