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Trademark and Copyright symbols: How To Use the ™, ®, and © Symbols correctly

As intellectual property attorneys, we get questions about the trademark and copyright symbols all the time from clients, colleagues, and even over brunch. So, if you’ve ever wondered what the little ™, ®, or © symbols mean next to brand names, logos, or creative works, you’re not alone. Here’s a quick breakdown of what these symbols mean, how to use them correctly, and what protections they offer under U.S. law. For more details about the trademarks specifically, see this article about trademark symbols.

What Does © Mean?

The © symbol stands for copyright. Copyright law protects original creative works the moment they are fixed in a tangible form. That includes:

  • Books and written content
  • Photographs and digital images
  • Artwork, illustrations, and graphic designs

Important note: Although copyright protection is automatic once the work is created, you cannot sue for copyright infringement until you’ve registered the work with the U.S. Copyright Office. Fortunately, the registration process is typically straightforward and relatively quick.

What Does ™ Mean?

The ™ symbol is a trademark symbol and refers specifically to an unregistered trademark. It signifies your claim to a brand name, logo, slogan, or even distinctive packaging design that you are using in commerce. You can use ™ at any time without filing an application.

Examples of what ™ can protect:

  • Brand names on your products or services
  • Logos and brand graphics
  • Taglines or marketing phrases
  • Trade dress (the look and feel of product packaging)

If you have applied for a trademark but haven’t received approval yet, ™ is the correct symbol to use.

What Does ® Mean?

The ® symbol is reserved for registered trademarks only. It indicates that your trademark has been officially registered with the United States Patent and Trademark Office (USPTO).

Using ® without a valid registration is considered fraud on the USPTO and can have serious consequences—including cancellation of your application or registration.

Once your trademark is registered, you can use ® to publicly signal your legal rights and to help deter infringement. Just remember:

  • Registration gives you nationwide rights to your mark in connection with your goods or services.
  • You must file maintenance documents between the 5th and 6th year after registration, and again every 10 years to keep your trademark active.

Protect Your Intellectual Property with Confidence

Understanding how to use the trademark and copyright symbols, and the correct use of ™, ®, and © is a smart first step in protecting your brand and creative assets. If you’re unsure whether to register a trademark or need help registering a copyright, our trademark and copyright attorneys are here to guide you through the process and help you secure your rights.

Stemer Law (Stemer, P.A.) is a Denver trademark law firm serving clients across the U.S. and abroad. With 1,000+ trademarks filed, we make brand protection simple, affordable, and effective. To speak with a trademark attorney contact us at hello@stemerlaw.com or (303) 928-1094.


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2 responses to “Trademark and Copyright symbols: How To Use the ™, ®, and © Symbols correctly”

  1. […] proceeding, where a third party initiates a process asking that Trademark Office to cancel a registration because the Registrant is not using it in […]

  2. […] 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. […]

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