Types of Trademark Symbols
As a business owner who offers goods or services you need to protect your brand. Trademarks are one of the best options to achieve that protection. A key part of the process of trademark registration is understanding that you can use trademark symbols. There are three different symbols available to you.
- SM (℠)
- TM (™)
- R (®)
You can use the SM (℠) and TM (™) symbols when your application is in pending status – they provide common law protection. You can use the R (®) after your goods or services are registered with the United States Patent and Trademark Office (USPTO).
Service marks or SM (℠) are used for services, specifically. If you are a barber or personal trainer, you offer your clients a service, rather than a good. Use this symbol when you have claimed rights to a service and do not have a trademark registration. Use SM (℠) while the USPTO is reviewing your application for a registered trademark.
Do you sell goods? A trademark symbol TM (™) is the one you can use. By using TM (™) you are claiming rights in a given mark before you have a trademark registration. TM (™) comes with common law trademark rights. Applicants typically use this symbol while the USPTO is reviewing their application.
The Meaning of Trademark Symbols
The circled R symbol means that you have federally registered a trademark. The registered symbol (®) represents the strongest protection available for a trademark. The symbol (®) informs the public that a good or service is registered. It also deters any competitors from committing trademark infringement. Moreover, this symbol builds a relationship of trust between your brand and the consumer. You are prohibited from using the registered trademark symbol unless you have been approved by the USPTO. Your trademark application could be denied if you use the (®) symbol before you become the owner of the trademark registration. The USPTO considers the use of the circled R without registration a federal law violation.
You can put any of the three symbols on your mark or logo. If you use a word mark in a regular-sized font, it can be placed at the upper right corner. For logos, symbols go at the lower right corner. Some flexibility is available, but the symbol must be placed exactly next to the trademark.
When You Can Use a Trademark Symbol
When applying for trademark registration, you should not use any of the official trademark symbols. The USPTO flags applications that include any symbol. The applicant is then required to take action to resolve the issue. The use of the registered trademark symbol (®) in your application will lead to a rejection.
Any trademark registered in a country other than the United States is not allowed to use the registered trademark symbol (®) in the US. If you want to use the (®) symbol, you need to successfully register your trademark with the USPTO.
Check out our previous article, Register A Trademark, for a detailed look at how to navigate the trademark registration process. Our team at Stockman & Poropat, PLLC understands all aspects of trademark registration – the benefits, common law rights, the cost and timeline, the filing basis, and more. Maybe you have questions about Trademark Classes. Our firm can help you determine what class of goods or services makes sense for your brand, conduct a deep search of the USPTO database, and develop a strategy for trademark registration success. Contact us today for a free initial consultation!
Up next we will be discussing Trademark Portfolio Management.
