I get this question about the trademark symbol a lot. Understandably so – you work hard to create your brand and want to make sure you are taking all the right steps to protect it.

You may be relieved to know that trademark designations have no actual legal value, so failure to use one will not put your brand at risk. Heads-up though, using one incorrectly can create issues.

Before we dive into that, let’s take a quick look at the different Trademark designations and what they mean.

“TM”: TM stands for “Trademark,” which is a name or logo associated with your goods or services. Since trademark rights begin the moment you start selling with your brand, you are free to use the TM designation right away. 

“SM”: SM is short for “service mark” and is a great designation to use with services. Services are things like accounting or dentistry, rather than, say, apparel or children’s toys. The same rules for apply here – you are free to use it as soon as your brand is live.

Circle-R or “®”: The Circle-R or “®” means that the trademark is registered. It can only be used for trademarks that are registered in the United States Patent and Trademark Office (USPTO), or a limited number of countries that use the Circle-R logo for their registrations. A state registration does not qualify. It is important to note that it can only be used on the goods or services listed in the registration. You can also use this as the copyright symbol, to show that you own a copyright.

“Registered in United States Patent and Trademark Office," or the abbreviation "Reg. U.S. Pat. & Tm. Off.": These are a less popular way of representing that you have a registration. Just like the Circle-R, these can also only be used on registered trademarks. Unlike the Circle-R, these designations are for USPTO Registrations only.

While using any of the registration designations on an unregistered trademark is a big no-no, it can happen rather innocently. Some owners of unregistered trademarks use the Circle-R to make their brand look more official. Other times, they might not know there is a difference between a trademark application and registration. This is certainly understandable, but using the registration designations with the intention of misleading consumers is not taken lightly by the USPTO. In fact, it is defined in their rules as fraud. So be sure to use the “TM” or “SM” until you have the registration in-hand. 

This can come up during the application process, where trademark owners are required to submit drawings of their logo or images of their brand in use. When submitting anything to the USPTO, Applicants and trademark practitioners should not only keep an eye out for that pesky Circle-R, but they should look out for any other designations too. Examining Attorneys will kick back logo drawings that include any designation, because the USPTO wants a clean copy of the trademark for examination and for the application file.

With all these caveats for trademark designations, why should you bother using one? Well, they serve as a deterrent - they put competitors and the public on notice that you have rights to your trademark, and that you are serious about enforcing those rights.

Once you have chosen the right designation for your trademark, adding one to your marketing is simple – you can technically put a designation anywhere. Style wise, it is usually placed on the right of a brand, in normal text or superscript.