The ™ and ® symbols are valuable tools for indicating your rights to a trademark. While both serve to protect your brand, they are used in different contexts and have specific legal implications. Knowing when and how to use these symbols can help you establish and enforce your trademark rights.
Here’s a breakdown of when to use ™ and ®, what each symbol means, and how they can benefit your business.
What Does the ™ Symbol Mean?
The ™ symbol stands for “trademark” and can be used with marks that identify goods or services, regardless of whether the mark is registered. It serves as a notice to the public that you claim rights to the mark as part of your branding.
When to Use the ™ Symbol:
1. Unregistered Marks
You can use the ™ symbol even if you haven’t applied for or received trademark registration from the USPTO. This includes:
• Marks used in commerce for goods or services.
• Marks pending registration but not yet approved.
2. Descriptive or Common Law Marks
Use ™ for marks that aren’t federally registered but are protected under common law due to their use in commerce.
Example:
If you sell handmade candles under the brand name “GlowWick” but haven’t registered it yet, you can display GlowWick™ on your packaging and marketing materials.
Benefits of Using the ™ Symbol:
• Alerts competitors that you claim rights to the mark.
• Deters potential infringers by signaling that the mark is part of your brand identity.
• Establishes a basis for enforcing your rights under common law.
What Does the ® Symbol Mean?
The ® symbol stands for “registered trademark” and can only be used once your trademark has been approved and registered by the USPTO. It provides notice that your trademark is federally registered and protected under U.S. law.
When to Use the ® Symbol:
1. For Registered Trademarks Only
You can only use the ® symbol after receiving official registration from the USPTO (or the trademark office of another country). Using it without registration is illegal and can result in penalties.
2. For Goods and Services Covered by Registration
The ® symbol should only be used in connection with the goods or services listed in your trademark registration.
Example:
If your “GlowWick” trademark is registered for candles, you can display GlowWick® on your candle packaging, but not on unrelated products like soap (unless you file for additional trademark coverage).
Benefits of Using the ® Symbol:
• Provides stronger legal protections against infringement.
• Establishes evidence of your exclusive rights in court.
• Enhances the credibility and professionalism of your brand.
How to Properly Display ™ and ® Symbols
1. Placement
Place the ™ or ® symbol directly after the trademarked word, logo, or phrase.
• Example: GlowWick™ or GlowWick®
• For logos, place the symbol in the upper-right corner, lower-right corner, or wherever it looks natural.
2. Consistency
Use the ™ or ® symbol consistently across your marketing materials, packaging, and product labels to reinforce your claim.
3. Digital Use
Display the symbol on your website, social media, and digital ads in the same way you would on physical materials.
What Happens If You Use the Wrong Symbol?
Using ® Without Registration
Using the ® symbol for an unregistered mark is a violation of U.S. law and can lead to fines or legal challenges. Always wait until your registration is approved before using the ® symbol.
Not Using a Symbol at All
While using ™ or ® is not mandatory, failing to use either symbol can weaken your ability to deter infringement or prove ownership in disputes.
When to Switch From ™ to ®
You should transition from ™ to ® as soon as your trademark is registered with the USPTO. Update all marketing materials, packaging, and digital assets to reflect the ® symbol, ensuring that your trademark benefits from the full legal protections of federal registration.
Conclusion
The ™ and ® symbols are important tools for protecting and promoting your brand. Use ™ to claim rights to unregistered marks and ® once your trademark is federally registered. Both symbols communicate ownership and deter infringement, but understanding their proper use ensures you stay compliant with trademark laws.
If you’re unsure about your trademark status or need help navigating the registration process, consulting with a trademark attorney is a smart move. They can guide you through the legal requirements, help you protect your brand effectively, and ensure you’re using the correct symbols to maximize your trademark rights.