The ® symbol requires a federal registration.
Anyone claiming a brand can use ™, while ® belongs only to marks registered with the USPTO. Using ® too early can cause problems with your application, and leaving it off a registered mark can limit what you recover from an infringer.
™ (trademark) and ℠ (service mark) need no registration. Anyone claiming rights in a brand name, logo or slogan can use ™ for goods and ℠ for services.
® can only be used once the mark is registered with the US Patent and Trademark Office, and only for the goods or services the registration covers. Using ® before the registration issues is improper.
What does the ™ symbol mean?
™ tells the world you claim the word, logo or slogan as your trademark for goods. It doesn’t mean the mark is registered, and you don’t need permission or a filing to use it.
Using ™ puts competitors on notice of your claim, which can help if a dispute arises. The symbol creates no rights by itself, because rights come from using the mark in business.
What does the ® symbol mean, and when can I use it?
® means the mark is registered with the US Patent and Trademark Office. You can use it only after the registration issues, and only for the goods or services listed in the registration. A pending application does not qualify.
A state trademark registration or a registration in another country doesn’t entitle you to use ® in the US. Until your federal registration issues, use ™ or ℠.
What does ℠ mean?
℠ is the service-mark version of ™. It claims a name or logo used for services such as consulting, restaurants or software as a service. Many businesses use ™ for both.
What happens if I use ® before my trademark is registered?
It’s improper, and the USPTO will ask you to stop. Using ® with intent to deceive can amount to fraud, though an honest mistake does not, and in a dispute the other side may use it to argue you misled the public. Switch to ® only when the registration certificate issues.
The USPTO’s examination manual addresses misuse of the registration symbol in TMEP §906.04. See the USPTO’s own guide, What is a trademark?
Why use ® at all once I’m registered?
® gives legal notice of your registration. Without that notice, you may not be able to recover profits or damages from an infringer unless they actually knew the mark was registered.
The rule is in the Lanham Act at 15 U.S.C. §1111. You don’t need the symbol on every mention. The first or most prominent use on a page, label or package is the usual practice.
Where do I put the trademark symbol?
Place it directly after the mark, usually in superscript, as in Brand™ or Brand®. On a logo it usually sits at the upper or lower right. Pick one placement and use it consistently on labels, packaging and your website.
How do I type ™ and ®?
On Windows, hold Alt and type 0153 for ™ or 0174 for ®. On a Mac, press Option+2 for ™ and Option+R for ®. In HTML, use ™ and ®.
More questions.
Q01Do I need a lawyer to use ™?
No. Anyone can use ™ for a mark they are using. An attorney helps with registering the mark, which is what lets you use ®.
Q02Can I use ® for a mark registered in another country?
Not in the United States. ® in the US signals a federal registration with the USPTO.
Q03Does ™ protect my brand?
Only a little. It signals your claim, but your rights come from use, and the strongest protection comes from federal registration.
Keep reading.
How to Do a Trademark Search
How to search the USPTO database and when a free search is not enough.
What Is a Trademark?
What counts as a trademark and how long the rights last.
Trademark Classes Explained
The 45 trademark classes and how to pick the ones that cover what you sell.
Cease-and-Desist Letters
What to do when you receive a trademark cease-and-desist letter, and how to send one.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Enforcement
Cease-and-desist letters, takedowns, UDRP, cancellations and monitoring.
Copyright
Copyright registration, DMCA takedowns when work is copied, and licensing.
Business Contracts
Custom contracts designed to hold up.
Business Formation
The right entity, filed correctly, in nearly any state.
Marketing Compliance
FTC and FDA review of ads, product claims and influencer deals.
Fractional General Counsel
A lawyer on speed-dial, without a full-time hire.
Trademark Monitoring
A year-round watch for copycat filings, with monthly attorney reviews.
Trademark Licensing & Monetization
Licensing, assignments, franchising and co-branding deals that turn a brand into income.
Business Legacy & Estate Planning
Plan who owns and runs the business, and the brand, after you.
IP Litigation
Trademark, copyright and trade secret disputes, taken to court when a letter isn’t enough.
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