TM vs R symbol: ™ vs ®
The little symbols next to a brand aren't decoration — using the wrong one can be a legal problem. Here's exactly what each means.
Two symbols, two meanings
The ™ and ® symbols signal different things about a brand's legal status. Using them correctly matters: claiming registration you don't have (with ®) can expose you to penalties, while ™ can be used freely. Here's the distinction.
The ™ symbol
You can use ™ on any mark you're claiming rights to, whether or not it's registered. It signals to the public that you consider the word, phrase, or logo your trademark. It requires no application and no approval — it's a notice of claimed common-law rights, useful while a registration is pending or if you never register.
The ® symbol
The ® symbol may only be used once your mark is federally registered with the USPTO. Using ® before registration is improper and can undermine your rights or expose you to claims. Once registered, ® gives public notice of your exclusive rights and strengthens your position in enforcement.
When to use each
Use ™ from day one while you build and protect your brand, and switch to ® only after the USPTO grants your registration. If you operate a service rather than sell goods, you may also see ℠ (service mark) used in place of ™. When your registration issues, update your marketing to the ® symbol.
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Frequently asked questions
Can I use ® before my trademark is registered?
No. The ® symbol is reserved for federally registered marks. Use ™ until the USPTO grants your registration.
Is ™ legally meaningful?
Yes, to a degree. It notifies the public of your claimed rights in a mark, which can support common-law trademark protection even without registration.
What is the ℠ symbol?
℠ is the service-mark symbol, used for marks that identify services rather than goods. It functions like ™ but for services.