You probably see a trademark used in combination with the ™ or ® trademark symbols almost every day. But most people do not know what these symbols mean or signify, even if they have a business that uses them! In this post, I want to explain what these trademark symbols mean and how you should use them.
The Purpose of Trademark Symbols
The first thing to note, which applies to both the ™ and ® trademark symbols, is their purpose. Both symbols are used to put others on notice that someone is claiming trademark rights. Using one of these symbols with your trademark tells the viewer that someone is claiming exclusive rights to it. However, it is important to remember that just because someone is using one of these symbols, that does not necessarily mean that they have the trademark rights that they are claiming.
The ™ Symbol
The ™ symbol is used to put others on notice of trademark rights when there is not a federal registration for the mark. In other words, the owner is claiming common law rights to the trademark. You do not have to use this symbol to claim or assert rights to a trademark. However, using the symbol will hopefully deter others from adopting and using a similar trademark. There is also a SM symbol that denotes service marks (trademarks used in connection with services, instead of goods). This is less common, since the ™ can still be used with service marks.
When using the ™ symbol, you want to put it either to the bottom-right of your mark (or “subscript”), or the upper-right (or “superscript”). By using the ™ symbol to mark your unregistered trademarks, you can hopefully discourage others from infringing on your rights.
The ® Symbol
The ® symbol signifies that the trademark with which it is used is registered with the U.S. Patent & Trademark Office. Like the ™ symbol, it is also used either subscript or superscript with the trademark.
Once your trademark is registered, it is important that you switch to using the ® symbol. Unlike the ™ symbol, which is merely a convention used without any legal “teeth” behind it, use of the ® symbol carries significant weight. Using this symbol makes it easier to claim monetary damages in a trademark infringement lawsuit. In addition, the law prohibits the use of the ® symbol with trademarks that have not been registered with the USPTO. It should also only be used with a registered trademark for the specific goods or services listed in the registration.
Do You Need Help Turning Your ™ Into a ®?
If you would like to obtain a federal trademark registration, or if you have questions about using a trademark symbol, please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
