As trademark attorneys, we get this question often: “Should I be using the TM or ® symbol on my brand?” The good news is that trademark symbols themselves don’t create or destroy legal rights, but using them correctly helps enforce your brand and avoid trouble. To learn more about the symbols for copyrights too, see our article on Trademark and Copyright Symbols.
TM and SM Symbols: What They Mean
TM (™) stands for “trademark.” It can be used for any brand name, logo, or symbol that represents goods. You don’t need a registration to use it, just start using your mark in commerce.
SM means “service mark.” It functions the same way as TM but is typically used for services (like consulting or healthcare) rather than physical products. You can use SM as soon as you begin offering your services under your brand name.
®: The Registered Trademark Symbol
The ® (Circle-R) symbol means your trademark is officially registered with the U.S. Patent and Trademark Office (USPTO). You may only use ®:
- After your trademark is registered
- Only for the goods/services listed in your USPTO registration
- Not for marks that are only applied for or state-registered
Using ® before you have an official USPTO registration is a violation of federal rules and may be treated as fraud.
Other Acceptable Registration Wording
In addition to ®, you can legally use these phrases on registered marks:
- “Registered in the United States Patent and Trademark Office”
- “Reg. U.S. Pat. & Tm. Off.”
These are less common today but still valid, and still limited to federally registered marks.
The Risks of Using Trademark Symbols Incorrectly
Many people mistakenly use ® before receiving registration, either to make their brand look more “official” or because they don’t realize an application and a registration are different.
This can cause issues during the USPTO application process. If your logo or packaging includes ® or any designation in your specimen or drawing, the Examining Attorney will likely reject it and request a clean version of the mark.
Worse, using ® intentionally to mislead consumers is considered fraud, and the USPTO takes it seriously.
Should You Use a Trademark Symbol at All?
Yes, even though it’s optional. TM and SM symbols serve as a public warning: you’re claiming trademark rights and willing to defend them. That alone can deter infringement and support future legal enforcement.
Where to Place the Symbol
There’s no required placement, but style guides often suggest placing it in superscript to the upper right of the mark (like this™). You can also place it to the lower right in plain text.
Use TM or SM when you’re building your brand and waiting for registration. Switch to ® once your mark is officially registered with the USPTO. And always double-check your marketing and legal filings to avoid accidental misuse.
FAQ: TM, SM, and ® Trademark Symbols
TM (™) stands for “trademark” and is used for goods, while SM (℠) means “service mark” and applies to services. The ® symbol indicates a federally registered trademark with the USPTO.
No. You can use TM or SM anytime you begin using a name or logo to represent your goods or services. Registration is not required to claim your mark, but it does strengthen your legal protection.
You may only use ® after your mark is officially registered with the U.S. Patent and Trademark Office, not when your application is pending. Using ® prematurely can lead to rejection of filings.
Most style guides suggest placing the symbol in superscript to the upper right of the mark (like this™). You can also use the lower right or normal text if design limits apply.
Once your trademark is officially registered, replace TM or SM with the ® symbol — but only for the goods and services covered by your registration.
It’s optional but recommended. Trademark symbols serve as a public notice of your rights and can deter potential infringers. Even though they don’t create legal rights, they reinforce your claim and professional presentation.
Quick Trademark Symbols Chart
Have questions about your trademark application, or trademark symbols?
Contact Stemer Law | hello@stemerlaw.com | (303) 928-1094 | Based in Colorado | Serving clients nationwide and internationally
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