Understanding Trademark Symbols: TM, SM, and ®

Trademarks are an integral part of branding and intellectual property protection. They serve as identifiers of the source or origin of goods and services, distinguishing them from competitors in the market. To convey this distinction and legal protection, trademark symbols play a crucial role. In this comprehensive guide, we will delve into the world of trademark symbols, their meanings, and how to use them correctly.

What is the Trademark Symbol

The trademark symbol, often denoted as ™, is a typographic symbol used to indicate that a word, phrase, logo, or symbol is being claimed as a trademark for specific goods or services. It is essentially a “notice of intent to claim common-law rights” in the mark, which means that the owner is asserting their rights over the trademark without having obtained federal registration from the United States Patent and Trademark Office (USPTO) or the relevant authority in other countries.

What Does Each Symbol Mean

Understanding the meaning of each symbol is crucial:

TM (™): This symbol represents a trademark. It indicates that the owner is claiming rights to a mark, but it may not be federally registered.
SM (℠): The SM symbol stands for “service mark.” It is similar to a trademark but is used to claim rights over services rather than physical goods.
® (®): The registered trademark symbol signifies that the trademark is officially registered with the relevant authority, such as the USPTO. It carries legal protection and grants exclusive rights to use the mark for the specified goods or services.

Registered Trademark Symbol

The registered trademark symbol, ®, is the crown jewel of intellectual property symbols. When you see this symbol, it means that the trademark has undergone the rigorous process of federal registration with the appropriate government agency. In the United States, this agency is the USPTO. Registration provides several significant advantages:

Legal Protection: Federal registration offers stronger legal protection against infringement. It grants the trademark owner exclusive rights to use the mark for specific goods or services nationwide.
Nationwide Rights: Registered trademarks provide nationwide protection, giving owners the ability to enforce their rights across the entire country.
Public Notice: It serves as public notice of your trademark rights, discouraging others from using similar marks.

Use in Court: If a dispute arises, registered trademark owners have the option to sue for damages and attorney’s fees in federal court.

Trademark Symbol vs. Registered Trademark Symbol

It’s essential to distinguish between the trademark symbol (™) and the registered trademark symbol (®). The former indicates that a mark is being claimed as a trademark but may not be federally registered, while the latter signifies that the mark has received federal registration. The key differences between the two symbols lie in the level of protection and legal rights they offer.

Costs

OUR FLAT FEE

$1500
Some restrictions apply.*

USPTO FILING FEE

$350
(per class)

Service Mark Symbol

The service mark symbol, ℠, is often less familiar to people than the trademark symbol, but it serves a similar purpose. While trademarks are used to protect goods, service marks are used to protect services. Essentially, if you offer services rather than physical products, you can use the service mark symbol to claim rights in your branding.

For example, if you run a consulting firm named “Expert Advice,” you can use the service mark symbol as follows: “Expert Advice℠.” This notifies the public that you consider “Expert Advice” to be your service mark, and you are claiming rights to it.

How Should the TM, SM, and ® Symbols Be Used

Using trademark symbols correctly is not just a matter of aesthetics; it has legal implications. Here are some guidelines for using these symbols appropriately:

Consistency: Once you choose to use TM or SM with your mark, be consistent in its usage across all your branding materials.
Placement: Place the symbol immediately following the trademark or service mark, typically in superscript or subscript format, depending on the design.
Clear Notice: Ensure that the symbol is clearly visible and legible to the public.
Accurate Representation: Do not use ® unless your trademark is officially registered. Misrepresenting your mark’s status can lead to legal issues.
Proper Attribution: If you are using someone else’s registered trademark, correctly attribute it with the ® symbol and the owner’s name.

Trademark symbols play a vital role in protecting intellectual property and signaling the legal status of a mark. Understanding the distinctions between TM, SM, and ® is crucial for anyone involved in branding, marketing, or intellectual property management. Correct usage of these symbols ensures that you are communicating your rights accurately and effectively in the competitive world of commerce.