Trademark symbols can provide legal protection for your valuable brand assets. Learning to use them correctly is easy, and can save you time and money in the future.
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by Carter Giegerich
Carter is an award-winning political journalist based in Western North Carolina with a background reporting on l...
Updated on: November 22, 2024 · 7 min read
You know the common trademark symbols—the small, raised TM or SM and the circled letter R—but knowing which symbol to use and how to type them isn’t always completely straightforward. Let's look at what these symbols mean and some options for typing them.
A trademark is a name or logo representing a unique product or service. It can exist with or without official registration. The U.S. Patent and Trademark Office (USPTO) has specific guidelines for what is protected by each type of trademark.
The federal registration symbol—the encircled R (®)—is for marks that have obtained an official registration by the USPTO. Its use is optional, but owners should insert it in order to preserve their rights. In an enforcement action, you may ask the court for monetary damages, including lost profits, if you can show that the infringer had actual knowledge of your mark's federal registration before the alleged infringement took place.
The TM (™) stands for unregistered or pending trademarks on goods or on a combination of goods and services. The SM (℠) signifies an unregistered mark just for services.
An unregistered trademark does not offer any state or federal protection, but it is still a useful tool for protecting your intellectual property. If you are able to demonstrate that another business entity has infringed on your unregistered trademark within the geographic area in which your business operates, you will typically be able to send a cease and desist order and take further legal action if necessary. Thus, it can prevent others from adopting a name and logo like yours for similar products or services.
Many companies choose to use unregistered trademarks because they are effective immediately and do not cost anything to apply to elements of their brand. Even if you intend to file an application to get your trademark officially registered at a later date, you might want to use an unregistered trademark in the interim to offer some level of protection.
Here are some handy ways to type these symbols:
The encircled capital R normally appears raised at the right-hand side of a trademarked business name or logo. It is only for federally registered marks, not for pending marks or state registrations. There are a few different ways to type it in a word processor:
If you're on an Apple computer, press the OPTION key and the R key to produce the symbol.
Finally, if you're working with HTML code, use “®.”
The raised TM signifies an unregistered trademark. Like the registered trademark symbol, there are a few ways to type the unregistered trademark symbol in a word processor:
Press the OPTION key and the 2 key to have the symbol immediately appear when using an Apple computer.
For HTML code, use “&trade.”
Once registered, a service mark may carry the encircled R, just as all registered trademarks do. If the service has no official registration, you need the raised SM symbol.
Microsoft does not supply an easy raised SM shortcut, but you can simply copy and paste the ℠ symbol from this page. (Highlight it with your cursor, press CTRL+C, place your cursor in your document, then press CTRL+V.)
If you're on an Apple computer, the unregistered trademark symbol can be found by selecting the “Edit” menu and clicking on “Special Characters.” This will open the character palette, which contains the unregistered trademark symbol and many other less common characters.
Use “℠” to insert the symbol into HTML code.
Place the appropriate symbol at the upper right-hand corner of a name, and in the bottom right of a logo. Avoid defying business norms by putting it on the left of, over, or under the mark.
In articles, announcements, and so forth, it’s not necessary to use a trademark symbol next to every use of a protected term. Simply use a symbol with the first or most obvious instance of the mark.
When dealing with print materials containing only a page or two, like a flier or pamphlet, a single use of a trademark symbol is usually sufficient. Longer, multi-page documents should use at least one trademark symbol on each page containing a protected piece of material.
Preserving the originality of your work is important, especially if it is protected by law. Placing the appropriate symbol by your protected work lets everyone know that.
The requirements for using a trademark symbol depend entirely on which symbol you want to use. It’s important to use the correct symbol for the type of trademark you’re seeking to establish.
An unregistered trademark or service mark symbol can be used by anyone to protect a distinctive product or service.
In the United States, an unregistered trademark is granted to the first person or business entity to use the protected content. Even if another business tries to register the trademark, the original company can prevent that business from doing so as long as they can prove they used the trademarked material first.
In order to use a registered trademark symbol, you must first register your work with the United States Patent and Trademark Office. The USPTO has a rigorous application process for trademark registration, and applications are reviewed by a legal team to ensure they do not conflict with existing trademark registrations.
Registering a trademark for your business can be tricky. Making sure your application is in line with USPTO requirements requires careful attention and can be time-consuming—plus, there’s no guarantee an application will be accepted on the first try.
LegalZoom offers a streamlined trademark service for businesses wishing to protect their brand without having to navigate the trademark registration process alone. Simply talk with a LegalZoom expert specializing in trademark law, tell them about your business and proposed trademarks, and they’ll do the necessary research to ensure there are no conflicts with existing trademarks.
Once you’ve confirmed the proposed trademarks will be accepted by the USPTO, LegalZoom will also assemble the necessary paperwork and file it with the federal government, ensuring your trademark application is completed quickly and accurately.
No. A trademark registered with the USPTO will protect your property anywhere inside the United States, but does not extend that protection to other countries. If you wish to register your trademark abroad, you should check the trademark laws with other countries in which your business operates and familiarize yourself with the Madrid Protocol.
Trademarks and service marks serve similar purposes, but a trademark is used to protect a product while a service mark designates a service offered by a business.
A registered trademark symbol should be placed in the top right corner of a protected word or phrase, or the bottom right corner of a protected image or logo.
No. In fact, there are many cases in which it is not strictly necessary to use them at all. A trademark symbol serves as a notice to other businesses that they may not use the protected material without your consent, but omitting a symbol does not negate the trademark’s registration.
When a business does use the appropriate trademark symbols, they are not necessary every time a brand is mentioned. Best practices call for using the symbols on first reference, or after the first prominent reference to the protected material when appropriate.
While the trademark symbol and the copyright symbol serve similar purposes, they are not interchangeable and protect substantially different forms of intellectual property. While a trademark protects brand elements like names, catchphrases and logos, a copyright is registered to protect complete works like books, music, plays, and works of art. Using the copyright symbol in digital and printed materials is done similarly to a trademark symbol, and follows many of the same style guidelines.
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