Have you ever picked up an item at the store or seen an ad in which the item’s name or slogan is prominently displayed with a tiny TM or SM or the letter R in a circle ®? If so, have you ever wondered what those symbols meant or what is the difference between the three? As a consumer, you are subjected to hundreds of brand images, slogans, and logos every day. With these images, most of the time you will find the symbols TM, SM, ® right next to the brands, slogans, etc. which means the owner’s claim to that particular mark. However, each symbol has its own special meaning that indicates where the owner is currently in the trademark registration process.

The symbols “TM” (trademark) and “SM” (service mark) can be used if the owner claims the right to use the mark. The “TM” should be used with products, while the “SM” should be used with services. The “TM” or “SM” designation alerts the public to the owner’s claim of a “common law” use of the mark. The “TM” or “SM” can also be used to indicate that a trademark application is currently pending with the United States Trademark Office (USPTO). However, you do not need to register your trademark with the USPTO to use the “TM” or “SM” symbol. Even if the USPTO refuses to register your trademark, you can still use the symbols in your mark, which again means a common law use. These symbols let others know that you are claiming rights to the mark. However, common law rights do not give you all the benefits that a federal registration does.

You are only allowed to use the federal registration symbol R-in-a-circle ® after the USPTO issues you a registration for your mark. You may not use the ® symbol if your application is currently pending with the USPTO. You should only use the ® symbol when your mark is used in or in connection with the products/services listed in your federal registration and it should only be used on marks that are alive (you have paid all necessary fees to maintain your trademark registration) . Use of the trademark registration symbol with a mark that is not registered with the USPTO is considered a misuse of the symbol and a misrepresentation to the consuming public, which may be actionable in a court of law.

There are no specific rules on where the trademark symbol must be displayed. Most companies/individuals place the symbol in the top or bottom right corner of the mark. Owning a federally registered trademark offers many benefits that owning solely a “common law” mark does not. Some examples of these advantages include: public notice of your claim of ownership of the mark, a legal presumption of your ownership of the mark and your exclusive right to use the mark throughout the country in connection with the products/services listed, and the ability to bring a trademark action in federal court.