There are just two things to keep in mind.
But here’s the kicker-you can only use the ® symbol on trademarks that are listed on the registration certificate(s) you’ve received from the USPTO or WIPO. If your trademark isn’t registered with the USPTO or WIPO, you can only use the ™ symbol in association with your brand, as the ™ symbol historically denotes something is a common law (unregistered) trademark. Trademark registration, on the other hand, allows you to start using the ® symbol in association with your brand. In short, use that trademark symbol whenever and wherever you can, provided you’re not using them improperly.Īnd whether you’re using the symbol properly or not depends entirely on whether your trademark is registered. Well, you use that just as you would the ™ symbol, but for services instead of products. Oh, but what about the black sheep of the trademark symbol family, the service mark symbol (SM). And beyond that, if you find yourself as the plaintiff in trademark infringement litigation, the question of whether you were using the ® symbol in association with the infringed-upon mark can make all the difference if you’re seeking statutory damages and attorney fees. The ® shows the world that not only is your brand trademarked, but that you’ve taken that extra step to register your trademark with the appropriate agency (whether its the USPTO or WIPO). Using the ® symbol adds additional benefits-but you’ll need to read on to see if you qualify to use this symbol in the first place. When your competitors know your brand is trademarked, they tend to treat it with more seriousness and respect-in other words, they know not to copy your name, logo, slogan, or other trademarked mark lest they face civil penalties. Now, it’s important to keep in mind that using a trademark symbol in association with your brand is not necessary for trademark protection (and the United States Patent and Trademark Office actually requires you to strip the trademark symbol from your logo when you apply for trademark registration), but putting your competition on notice that your mark is considered a trademark serves an important function. Nevertheless, the reason why you need to use the trademark symbols in association with your brand is to make sure your competitors know your brand is trademarked property owned by your business. Others simply don’t even know the symbols exist, let alone why they need to use them. For some, they like the pristine look of their logo, completely untouched by the trademark symbols. When I advise trademark clients who are just starting to build their brands, I find this is a common question. This quick guide is designed to answer those questions, as well as alleviate some of the pain of having to use insert character each time you want to insert one of the trademark characters in your documents. The confusion usually stems from the question of which one they can use and why they should use one of the symbols. As a trademark attorney, I find my clients often start off confused about the two different trademark symbols: the superscript TM (™) and the circled “R” (®).