Trademark Symbols & Their Meanings
Trademark Rights & Registration
A trademark signals to consumers the source of a good or service. If that’s a little abstract, basically a trademark lets people know who made a good or service.
You acquire rights to a trademark by being the first to use the mark in commerce. Meaning you use it in your business practice. The rights given to trademark owners include, but are not limited to, the right to use the mark exclusively and to have legal remedies against infringers, or unauthorized users of your mark.
You get these rights from using the mark. A different but equally important concept is registering a trademark. This means you’ve gone through the United States Trademark & Patent Office’s (the “USPTO”) process for establishing you are the owner of your trademark with the federal government.
By registering your trademark with the USPTO you can give your rights as a trademark owner superpowers. Registration makes establishing ownership incredibly easy, allows you to enforce your trademark rights across the United States, and allows you to recover way more against infringers of your trademark rights.
What Are Trademark Symbols?
Seeing how trademark ownership and registration are related but different processes and the consequences of infringing on a trademark or of failing to stop infringement on a trademark can be quite severe, you’ll be relieved to know there are ways trademark owners can let others know about their ownership in their marks. All they need to do is use one of the three symbols. They are usually found in the superscript on the top right corner of a mark.
Be on the lookout for something that looks like this: ™, ℠, and ®. Depending on which one you see, you’ll be able to find out:
If the producer of the good or service considers it a mark, and
If the mark has been registered with the USPTO
Here’s what each one means:
TM: The Trademark Symbol
If you see ™ at the end of a word, phrase, or image, this mean that the mark is being used in connection with the sale of goods, i.e. physical products.
And that the mark is not registered with the USPTO.
SM: The Service Mark Symbol
If you see ℠ at the end of a word, phrase, or image, it means two things.
One, means that the mark is being used in connection with the sale of services, not physical goods.
And two, that the mark is not registered with the USPTO.
®: The Registered Trademark
If you see ® at the end of a word, phrase, or image, this means that the mark has been registered with the USPTO.
It is used in conjunction with both the sale of goods and the sale of services.
Is Using a Trademark Symbol Mandatory?
Using trademark symbols are optional.
So, if you don’t see one, that doesn't mean you’re in the clear to use a word, phrase, or image, but if you do see one, now you know if the provider claims the good or service as a mark and if this mark has been registered with the USPTO.
That said, there are some rules around using ®.
You can only use ® after your mark is registered.
It must be on the Principal Register, the Supplemental Register is not enough.
There are penalties if you’re caught using ® before then.
So, it’s best to not try your luck.
Key Takeaways
If you’re going to use a trademark symbol in your business, remember:
TM is for products,
SM is for services, and
® can be used with either, but only after it’s registered.