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The ™ symbol tells the public that a business claims trademark rights in a word, logo, or slogan used with its goods, and the ℠ symbol makes the same claim for services. The ® symbol, often called the “circle R,” means the mark is registered with the U.S. Patent and Trademark Office (USPTO). Anyone using a mark in commerce may use ™ or ℠, but the ® symbol may be used only after the USPTO has actually registered the mark.
Using the wrong symbol can cost you money damages or create a misrepresentation problem. This guide covers what each symbol means, when ® is allowed, placement, and how to type each one.
The TM symbol (sometimes searched as the “TM logo”) is an informal notice. Placing ™ next to a brand name, logo, or tagline tells customers and competitors that you treat the designation as a trademark and intend to protect it. It does not mean the mark is registered, and it does not by itself create rights. In the United States, trademark rights generally come from using a mark in commerce, which is why you can use a trademark before you register it.
The USPTO’s Trademark Manual of Examining Procedure (TMEP) confirms that a party may use terms such as “trademark,” “trademark applied for,” “TM,” and “SM” regardless of whether a mark is registered, and that these are not official or statutory symbols of federal registration. Businesses commonly use ™ alone when:
The SM symbol (℠) is the service mark symbol. A service mark works exactly like a trademark, except that it identifies the source of services rather than physical goods. Like ™, the ℠ symbol requires no registration. In practice, many service businesses simply use ™, and the choice between the two has no effect on your rights. Once a service mark is federally registered, the ® symbol is available for it just as it is for a trademark used on goods.
The registered trademark symbol is governed by federal statute. Under 15 U.S.C. § 1111, the registrant of a mark registered in the Patent and Trademark Office may give notice of registration by displaying with the mark the words “Registered in U.S. Patent and Trademark Office,” the abbreviation “Reg. U.S. Pat. & Tm. Off.,” or the letter R enclosed within a circle: ®.
Three practical rules follow from that statute and the USPTO’s guidance in TMEP § 906:
Because the ® symbol announces a federal registration, reserve it for the mark shown in the registration and for the goods or services the registration covers. If a registration is cancelled or expires, stop using ® with that mark. Our guide to the difference between a trademark and a registered trademark explains what registration adds.
Federal law does not require a registrant to use the ® symbol, but skipping it has a real cost. Section 1111 provides that in an infringement suit by a registrant who failed to give notice of registration, no profits and no damages may be recovered under the Lanham Act unless the defendant had actual notice of the registration. In other words, if you do not mark your registered trademark and cannot prove the infringer actually knew about your registration, your monetary recovery can be eliminated.
Registration also carries a separate benefit that does not depend on the symbol. Under 15 U.S.C. § 1072, registration on the Principal Register is constructive notice of the registrant’s claim of ownership.
Using ® on a mark that is not registered in the USPTO is improper. The USPTO’s examining manual draws an important line: improper use of the federal registration symbol that is deliberate and intended to deceive or mislead the public is fraud. The manual also recognizes that honest misunderstandings about the symbol are more common than actual fraudulent intent.
If you discover that ® has been used prematurely or after a registration lapsed:
Section 1111 requires only that the notice be displayed “with the mark.” Neither the statute nor the USPTO prescribes a particular position, size, or font. Common conventions include:
Methods documented by Microsoft, Apple, the Unicode Consortium, and the HTML standard include:
™ for ™, ® for ®, © for ©, and ℗ for ℗. The service mark symbol has no named entity, so use the numeric reference ℠.The © and ℗ symbols are sometimes confused with trademark symbols, but they belong to copyright law. Under 17 U.S.C. § 401(b), a copyright notice on visually perceptible copies consists of the symbol © (or the word “Copyright” or the abbreviation “Copr.”), the year of first publication, and the name of the copyright owner. Under § 401(d), if a proper notice appears on the published copies a defendant had access to, no weight is given to the defendant’s innocent infringement defense.
The ℗ symbol is the notice for phonorecords of sound recordings. Under 17 U.S.C. § 402(b), that notice consists of ℗, the year of first publication of the sound recording, and the name of the copyright owner. A record label might therefore use ℗ for the recording, © for the album artwork, and ® or ™ for its label name.
The phrase “all rights reserved” often appears after a © notice, but it is not one of the elements of copyright notice listed in 17 U.S.C. § 401(b), and it is not a trademark notice. It does not replace a proper © notice, and there is no official “all rights reserved symbol.”
Consistent marking is one piece of a broader brand protection program. Symbols reinforce that your mark is a brand name rather than the name of a product, which helps guard against trademark genericide. Pair the symbol with the mark used as an adjective followed by the generic product name, and apply the same rules in licensee and reseller guidelines.
The TM symbol (™) means a business claims trademark rights in a word, phrase, logo, or design it uses to identify its goods. It does not mean the mark is registered, and no filing is needed to use it. The USPTO’s examining manual confirms that TM and SM may be used regardless of whether a mark is registered.
No. The USPTO’s Trademark Manual of Examining Procedure states that even if an application is pending, the registration symbol may not be used until the mark is registered. Use ™ or ℠ during the application process and switch to ® once the USPTO registers the mark. A state trademark registration does not permit use of ® either.
Both are informal claims of rights that require no registration. The TM symbol is traditionally used for marks that identify goods, while the SM symbol (℠) is the service mark symbol, used for marks that identify services such as consulting, restaurants, or software platforms. Choosing one instead of the other does not change your legal rights.
Using ® is optional, but under 15 U.S.C. § 1111 a registrant who fails to give notice of registration cannot recover profits or damages in an infringement suit under the Lanham Act unless the defendant had actual notice of the registration. Marking a registered mark with ® protects your ability to seek money from infringers.
On Windows, hold Alt and type 0153 on the numeric keypad for ™, or 0174 for ®. In classic Outlook for Windows, Ctrl+Alt+T and Ctrl+Alt+R also work. On a Mac, open the Character Viewer by pressing Fn/Globe-E and search for the symbol. In HTML, use the ™ or ® entity.
Choosing between ™, ℠, and ® is simple once you know where your mark stands. The harder questions are whether the mark can be registered, what the registration should cover, and how to keep it enforceable once it issues.
If you are ready to move from ™ to ®, or need to clean up how your brands are marked, the trademark attorneys at Revision Legal can help with trademark registration, portfolio audits, and enforcement. Contact us through the form on this page or call (855) 473-8474. If you are based in Northern Michigan, our Traverse City trademark lawyers can help.
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