Registered Trademark vs TM Symbol: What’s the Difference and Which Should You Use?

The TM symbol stands for "trademark" and is used to indicate that a particular word, phrase, logo, or symbol is being claimed as a trademark by the user. This symbol is valuable for businesses that are in the process of developing and establishing their brand but have not yet completed the formal registration process with the United States Patent and Trademark Office (USPTO).

Using the TM symbol signals to others that you are asserting rights over the mark and are actively using it in commerce. This can deter potential infringers and help establish common law trademark rights. Common law rights arise from the actual use of the trademark in commerce, even if the mark is not registered. The TM symbol does not require official registration, making it accessible to businesses at any stage of brand development.

In contrast, the ® symbol, or "circle R," signifies that a trademark has been officially registered with the USPTO or another recognized trademark authority. This symbol can only be used once your trademark has been granted registration and provides you with exclusive legal rights to use the mark in connection with the goods or services specified in the registration.

The ® symbol indicates that your trademark has undergone a formal examination process and has been recognized as legally protected. This status enhances your ability to enforce your rights and take legal action against infringers. Additionally, the ® symbol serves as a public notice of your trademark’s registered status, reinforcing your legal protection and deterring potential misuse.

To simplify the process of securing your trademark, Trama offers a free trademark check with results delivered within 24 hours. Our personalized risk profiles help you understand the best approach for using TM or ® symbols and guide you through the registration process to ensure your brand is protected.

The choice between using TM and ® depends on the current status of your trademark. If your trademark is still pending registration or if you have not yet applied, use the TM symbol to indicate your claim to the mark. This demonstrates that you are asserting rights over the mark and helps establish your common law rights.

Once your trademark is officially registered, you should switch to using the ® symbol. This indicates that your trademark has been granted legal protection and that you have exclusive rights to use it in connection with your goods or services. Using the ® symbol appropriately helps communicate the legal status of your trademark and reinforces your protection against infringement.

Yes, you can use the TM symbol without having applied for or received formal registration from the USPTO. The TM symbol is used to indicate that you are claiming a mark as your trademark and are using it in commerce, even if you have not completed the formal registration process. This usage helps establish common law trademark rights and can deter others from using a similar mark.

Using the ® symbol before your trademark is officially registered can have legal consequences. The ® symbol indicates that a trademark has been officially registered and is legally protected. If you use this symbol prematurely, you could be subject to legal penalties for falsely claiming registration. This could potentially undermine your credibility and lead to legal disputes.

Using the ® symbol provides several benefits compared to the TM symbol. Firstly, it indicates that your trademark has been officially registered and legally protected, which enhances your ability to enforce your rights and take legal action against infringers. The ® symbol also serves as public notice of your trademark’s registered status, reinforcing your legal protection and deterring potential misuse.