The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick summary of the differences.

In brief, the TM symbol is used primarily to identify common law trademarks (although the TM symbol can be used by owners of registered trademarks). The TM symbol is an older, traditional symbol that stands for “Trade Mark.” The TM symbol is usually placed, in smaller typeface, above and to the right of a mark, word, phrase, design, logo, or some other thing that is used on products, packaging, and marketing materials. So placed, the TM symbol legally notifies others that the mark is claimed by its owner to be a trademark. Common law trademarks exist through the use of the trademark in commerce. Common law trademarks create a right to exclusive use of the trademark, and owners of such common law trademarks can sue in court for infringement. As noted, the TM symbol can be used by any owner of a trademark.

Note that there is a related “SM” symbol, which stands for “Service Mark.” However, use of the SM symbol has become rare since the distinction between a trademark and a service mark has atrophied. Use of the TM symbol is sufficient to cover any claimed service mark.

By contrast, the Circle R symbol identifies a trademark as a registered trademark. The process of applying to register a trademark is exacting and, if registration is approved, registration creates a valid trademark that, over time, cannot be challenged. In other words, by successfully navigating the registration process, a trademark moves from the status of being claimed to the status of legal validity. This is one of the most important distinctions between trademarks carrying the TM symbol versus those carrying the Circle R symbol.

The “R” within the circle stands for the word “registered.” More specifically, the Circle R symbol identifies a trademark that has been registered with the United States Patent and Trademark Office (“USPTO”) in the United States. Thus, the Circle R symbol cannot be used if the trademark is registered only at the State level.

Like the TM symbol, the Circle R symbol is usually placed, in smaller typeface, above and to the right of a mark, word, phrase, design, logo, etc. Further, like the TM symbol, the Circle R symbol serves as a notice to others that the trademark exists, is being used, and that the owner will enforce its trademark rights. However, the Circle R symbol also signifies that the trademark has significant extra legal protections provided by federal trademark laws.

As noted, the TM symbol can be used by any trademark owner. But the Circle R symbol can only be used by owners of registered trademarks. Using the Circle R symbol without a valid registration is unlawful under federal trademark laws and also under laws that prohibit false and misleading advertising and unfair business practices.

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.