*The information below is not legal advice.
Pretty astute of you to notice those tiny letters! Let’s discuss the differences between the ® symbol, “TM” symbol , and the less common “SM” symbol, and which you can potentially use for your business.
First, these symbols are used with trademarks and can usually be found in a superscript somewhere on the right of the trademark. A trademark is a word, phrase, symbol, or design indicating the source of the goods and services. Trademarks provide a unique way for consumers to pinpoint what business a product or service comes from. When used correctly and strategically, trademarks instill confidence because consumers place more trust in brands that are easily recognizable. A trademark can also indicate that a brand has invested time and energy into developing their products and services.
® Symbol
The ® symbol is used with trademarks that have been registered with the United States Patent and Trademark Office (USPTO). Registering a trademark with the USPTO gives federal protections to the owner of the trademark, meaning that a trademark owner will have federal remedies against someone using their trademark illegally. As your business flourishes, a federal registration can protect your brand from being used by others in a way that could be confusing to your customers.
When to use the ® symbol?
You can use the ® symbol only if you have registered the trademark with the USPTO, and it means you have the exclusive right to use the mark. Even if you are in the process of getting a trademark registration, you cannot use this symbol until after you are approved and have the federal registration. In the meantime you may be able use the “TM” mark, as we will discuss below.
“TM” Symbol
“TM” symbols are used with marks that have not been federally registered. While there are a significant number of trademarks registered in the U.S. (more than three million active registrations since 2024!), there are many marks that are not registered. Some business owners may wait to register their trademark due to costs or development timelines.
If you are a business owner who wants to claim rights in an unregistered mark, you can use this symbol to indicate that you own the mark. However, if a dispute is brought to court over this claim, you will have to prove things like “first use” and “use in commerce” to successfully prove actual ownership of the mark. Keep in mind, the “TM” symbol does not mean you have exclusive rights, it only means you claim to have exclusive rights.
When to use the “TM” symbol?
You can use the “TM” symbol if you are in the trademark application process and are awaiting approval from the USPTO. If you believe you have the rights to your trademark, you may also use this symbol without filing an application, but remember that it does not provide any federal protection and may, only in some cases, indicate common law protection.
“SM” Symbol
The “SM” symbol is like the “TM” symbol, but it is used with unregistered trademarks for brands that provide a service. It does not provide any federal protections either, but it may in some cases indicate common law protection.
When to use the “SM” symbol?
The “SM” symbol can be placed on unregistered trademarks for brands that provide a service. Uber and FedEx are examples of brands that provide services like transportation and delivery. Using this symbol does not protect an owner from disputes, but it may indicate to others that you have an ownership interest in the mark.
Conclusion
When deciding what symbol to use, it is important to distinguish whether your trademark has been registered with the USPTO. Once you determine which symbol is appropriate, you can begin using it alongside your trademark to ensure that you are signaling to consumers and competitors that you have ownership rights in that mark. If you are interested in obtaining a federal registration for your trademark, contact a trademark attorney like Andrea Sager to ensure the utmost protection for your trademark.
