The trademark symbol can be regarded as a small element next to the brand name. The symbols of a trademark denote that you have certain claims to a name or logo and phrase or service identity. It shows the type and kind of protection you have for your work.
Key Takeaways
There are many cases when businesses wonder what the trademark symbol ™ is and if it is possible to put this mark next to a brand name immediately. Yes, you may do it if ™ clearly indicates your claim. You do not need to register the trademark to use this symbol.
The ℠ sign works in a similar way to service marks. A consultancy firm can use ℠ next to the service brand while claiming the identity but failing to get the registration. The important difference here is that trademarks protect goods while service marks protect services.
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Which Symbol Should You Choose for Your Work?
| Symbol | Meaning | Registration Required? | Typical Use |
| ™ | Trademark claim | No | Goods and brand names |
| ℠ | Service mark claim | No | Services and service brands |
| ® | Registered trademark | Yes | Registered goods or services |
Consider them as signs that carry different meanings. ™ means, “I claim this brand.” ℠ means, “I claim this service identity.” ® means, “This mark has been registered.”
The ® trademark sign carries a different message. It shows registration at the United States Patent and Trademark Office. It is wrong to use it before registration has taken effect. It is also incorrect to use it for goods or services that are not protected under the registration.
For a new firm, ™ is the most appropriate option. You can use it while gaining recognition and considering an application for registration. If your firm uses services, then ℠ might be the appropriate one to use. After registration by the USPTO, you will use ®.
Expert Tip
“Do not use ® just because it looks more official. ® comes after the registration, for the registered mark. If your registration is for one logo and not another word mark separately, then you have two legal issues.”
Kevin Noonan
Trademark Attorney
There is also a difference in terms of protection offered by trademarks and registered marks. Common law protection arises from use, but does not automatically guarantee certain protections and benefits.
Trademark ™ vs. copyright is another issue that needs addressing. Trademark offers protection to brand identifiers and source identifiers, while copyright is meant to protect original expressions such as writing, artwork, music, photography, and computer software. Both may apply to a logo but offer protection of different aspects.
Using ™ does not mean filing a trademark application. Check whether there is any conflicting mark prior to using a valuable brand. Or whether your wording has sufficient distinctiveness to be used as a source identifier.
Common Mistakes to Avoid During Trademark Symbol Use
Using ® before registering the mark. Placing a symbol next to every brand whenever your registration does not include that particular product. Assuming ™ offers exclusive rights.
- Identify what you claim.
- Confirm whether you offer goods or services.
- Check your registration status.
- Then use the mark that reflects those facts.
The trademark symbol should be placed in such a way that it clearly conveys its relationship with the branded product. Proper placement ensures recognition. Use of a trademark also minimizes confusion in cases where an organization may have many trademarks for different services.
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Conclusion
Using the correct trademark symbol means something specific. The ™ symbol indicates an unregistered trademark. The ℠ symbol stands for an unregistered service mark. ® symbol signifies registration at the federal level. Understanding these differences ensures proper presentation of your brand without running into accusations that your rights are beyond what they really are. Using the correct symbol means something specific when it comes to your brand.