You’ve probably seen ™ and ® next to business names, logos, and slogans. They may look similar, but they mean very different things.
TM vs registered trademark symbols: here’s the easiest way to remember the difference:
™ = “I’m claiming this as my trademark.”
® = “My trademark is federally registered.”
What Does the ™ Symbol Mean?
The ™ symbol can be used to show that you are claiming a name, logo, slogan, or other brand element as your trademark.
You do not have to wait until you file a federal trademark application to use it.
For example:
Sunday Society™
Using ™ puts others on notice that you are treating that name as part of your brand.
But ™ does not mean your trademark has been federally registered.
When Can You Use the ® Symbol?
The ® symbol is different.
You should use ® ONLY AFTER your trademark is federally registered with the USPTO.
Filing an application is not enough. A pending application is still pending.
So if you just filed, you generally should not start using ® yet.
Why Does Federal Trademark Registration Matter?
You can develop certain trademark rights simply by using your brand in commerce — meaning you are actually selling or offering products or services under that name, logo, or slogan.
Federal registration can provide broader legal benefits, including:
- stronger nationwide protection
- a public record of your ownership
- legal presumptions that can help in disputes
- the right to use the ® symbol
That can matter even more as your business grows and you invest more into your name, logo, marketing, and reputation.
What Can Be Trademarked?
Depending on the circumstances, trademarks can protect things like your:
- business or brand name
- logo
- slogan
- product name
- other identifying brand elements
The key is whether it helps customers recognize your business as the source of particular products or services.
The Bottom Line
Keep it simple:
™ = Unregistered brand claim
® = Federally registered trademark
If you are building a brand you plan to grow, it may be worth thinking about federal trademark protection BEFORE you invest even more time, money, and marketing into it.
Spencer Asset & Accord Law Group | SAA Law Group LLC helps businesses, creators, and professionals protect their brands through trademark searches and federal trademark applications.
Ready to explore whether your brand may be eligible for federal trademark protection?
saalawgroup.com
This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.