Key takeaways
- There are three main trademark symbols: ® for registered trademarks, ™ for unregistered trademarks for goods/products, and SM for unregistered service marks.
- To obtain a registered trademark (®), you must go through the application process with the United States Patent and Trademark Office (USPTO).
- Proper usage of trademark symbols involves placing them in superscript or subscript next to your trademarked logo, name, or slogan, as well as using them consistently across your website, products, marketing materials, and other branded assets.
If you’ve ever wondered about the difference between ®, TM, and SM trademark symbols, wonder no more. In this guide, we’ll cover the exact meaning of each trademark symbol, how to register one, and how to use them.
Let’s jump in.
Disclaimer: This content should not be construed as legal or financial advice. Always consult an attorney or financial advisor regarding your specific legal or financial situation. All trademark rights belong to their respective owners. Third-party trademarks are used here for demonstrative and educational purposes only, use does not represent affiliation or endorsement.
What are trademark symbols?
First, let’s define a trademark.
A trademark is a legally registered symbol, word, or slogan representing a company or product that distinguishes it from other companies or products in the market.
Trademark symbols, then, are the icons used to denote something that has been trademarked. Each symbol has a different use depending on what specifically has been trademarked.
A commonly trademarked object, for example, would be a company’s logo. So if you’ve been wondering how to trademark a logo, then this guide is for you.
Related: What is a logo
Types of trademark symbols
Now, let’s discuss each of the symbols and what they represent.
Registered trademark symbol ®
A registered trademark symbol, ®, is a symbol used to provide notice that a trademark has been registered with a national trademark office.
Having a registered trademark is important. It signals that your brand is unique and legally protected, meaning that others can't use it without your permission. This can prevent confusion and maintain your brand's reputation so your customers know exactly who they're dealing with.
A registered trademark is more than just a symbol; it's a powerful tool for protecting your brand and business.
Trademark symbol ™
When an official trademark registration has yet to be completed, a trademark symbol, ™, is used to claim ownership rights. A trademark symbol is similar to a registered trademark, as it’s intended to show an ownership claim for a brand’s goods/products, but it doesn’t have the same legal weight as a registered trademark.
However, while there are fewer legal protections for a trademark versus a registered trademark, businesses still have ownership rights under common trademark law. If your business primarily operates locally, especially in a state or region with strong common trademark law protections, a trademark symbol may be enough.
If you plan on doing business online, though, you should strongly consider having a registered trademark for your business, as other states and countries may not provide the same protections for trademark symbols.
Service mark trademark symbol SM
A service mark, SM, is a symbol used to designate a service mark trademark, which identifies the source of a service rather than a product. While a trademark is associated with goods and products, a service mark is specifically used in connection with services.
Similar to the considerations mentioned for trademarks in the previous section, a service mark does not offer the same legal protection as a registered trademark. There are common trademark law protections, but obtaining a registered trademark is ideal.
Steps to get the R or ® trademark symbol
Now that we’ve covered the various trademark symbols available, let’s go over the process for getting a registered trademark from the United States Patent and Trademark Office (USPTO).
- Choose your trademark: First, decide what you want to trademark. It could be your business name, a logo, or a catchy phrase. Make sure it’s unique and represents your business.
- Search for similar trademarks: Before you apply, check if someone else is already using something similar. To do that, you can search the USPTO’s online database. This can help you avoid legal issues and increase your chances of approval.
- Prepare your application: Once you’re sure your trademark is unique, you need to fill out an application. You’ll need to provide:
- The name, logo, or phrase you want to trademark.
- A description of the goods or services your business offers.
- An example of how you’re using the trademark (like on your website or product packaging).
- File your application online: Go to the USPTO website and use the Trademark Electronic Application System (TEAS) to submit your application. There are different forms, so choose the one that fits your situation best. Be ready to pay a filing fee, which will range depending on what you’re applying for and how you apply.
- Wait for review: After you submit your application, a USPTO examining attorney will review it. This can take several months, but you can confirm current processing times on USPTO at any time. During this review, the examining attorney will check if your trademark is unique and meets all legal requirements.
- Respond to requests from USPTO: The examining attorney might have questions or need more information. This is called an “office action.” If you get one, respond promptly and provide the needed details. If you don’t respond in time, your application could be denied.
- Publication for opposition: If the examining attorney approves your application, it will be published in the USPTO’s Official Gazette. This allows others to oppose your trademark if they believe it will harm their business. If no one opposes within 30 days, your application will move forward.
- Receive your registration certificate: If everything goes smoothly and there is no opposition, the USPTO will issue a registration certificate. Congratulations, your trademark is now officially registered!
- Maintain your trademark: To keep your trademark active, you need to file maintenance documents and fees at certain intervals (usually between the 5th and 6th year, and then every 10 years). This shows the USPTO that you’re still using the trademark.
How to use each trademark symbol
If you’ve completed your trademark registration, congratulations! You’re eligible to use the registered trademark symbol, ®.
But if you’re still waiting on your registration to be completed, a trademark symbol, ™, will be perfect for businesses that sell physical goods, while the service mark, SM, can be used by service-based businesses.
Where to place your trademark symbol
The USPTO doesn’t stipulate where your trademark symbol has to be placed. There are, however, a few best practices that brands use when placing their trademark symbol.
Generally, trademark symbols are placed in a superscript (™) or subscript (SM) position by your trademarked logo or slogan. With text-based logos and slogans, you’ll want to test out which placement you like best.
As an example:
If you need help selecting good fonts for logos, check out our guide for more information.
Outside of logos and slogans, here are a few other places where you’ll want to consider including your trademark symbol:
- On your website: It’s a good rule of thumb to include your trademark symbol at least once per page, typically where you have your registered marks (such as your logo in your website footer).
- On products: If you sell physical products, the symbol should be on the product itself, its packaging, and any labels.
- In marketing materials: Use the symbol in your advertisements, brochures, business cards, and social media posts.
How to use your trademark symbol on your logo
When a logo is text-based, like the examples above, most brands tend to use superscript placement. However, depending on the font you’ve chosen, a subscript placement may suit your needs better.
Whichever option you choose when you create a logo, it’s completely up to you and what you feel looks best.
With symbol or pictorial-type logos, many brands prefer a subscript placement, like so:
But you’re not obligated to use subscript, some brands prefer to have a superscript placement for their logo marks:
Conclusion
If trademark symbols seemed murky and unclear at the beginning of this guide, we hope that we’ve clarified the topic for you. Trademark symbols are an important step to take when branding your business and staking your claim to your hard-earned trademark.
