Trademark Symbols: A Guide to Usage and Protection

Trademark symbols at a glance

A trademark symbol is a specific letter or sequence of letters that shows other businesses you’re claiming ownership of a specific brand name, logo, or slogan. Trademark symbols are used in commerce to distinguish goods and services from one business owner to another.  

Trademark symbols are a company's first line of defense when protecting themselves and their property. They serve as a warning to your competitors not to copy you. They also give customers confidence they’re choosing your unique goods or services. They’ll recognize your logo and know it’s authentic because of the trademark symbol.

The three trademark symbols

Whether you realize it or not, trademarks are everywhere. You probably see these three types of trademark symbols throughout your daily life.

• ™ Trademark: This symbol is used for unregistered marks applied to goods. The TM symbol signals that you’re claiming ownership, even if the mark isn’t formally registered.
• ℠ Service mark: Service marks are used for services rather than goods. Like the TM symbol, the SM symbol can be used without formal registration.
• ® Registered trademark: The circle R symbol means your trademark is officially registered with the United States Patent and Trademark Office (USPTO or Trademark Office). Registered marks come with broader legal protection, and you can’t use them unless you’ve gone through the trademark registration process.

These are the only three trademark symbols in the United States. Before you jump into the trademark world, it’s important to learn the similarities and differences.  

Unregistered trademark symbol

Anyone can use the trademark or service mark symbol to claim rights to a name, phrase, or logo without registration by adding the TM symbol. This is also called a “common law” trademark symbol. The TM symbol informs the business world that, despite your lack of registration of your mark with the Trademark Office, you are still the rightful owner of that particular word or image.

You can use an unregistered trademark symbol at any time, including immediately after you start your business. You can even use it if the Trademark Office won’t officially register your trademark. Keep in mind that the right to use a mark and accompany it with a common law trademark symbol assumes that no one else is already the rightful owner of that mark. If someone already has a registered trademark symbol that’s similar to yours, broadly speaking, you cannot qualify for either federal or common law protection. 

Although simpler than a registered trademark symbol, the unregistered symbol provides only limited legal protection. For example, let’s say you use the trademark symbol on your company logo, which isn’t registered with the Trademark Office. If a similar company registers a comparable logo, the registered trademark owner can, in many circumstances, prevent you from using your logo going forward—even if you were using it first.

Service mark symbol

A service mark, which uses the SM symbol, applies to businesses offering services rather than goods. It’s similar to the TM trademark symbol but shows that you own the trademark for a service rather than a product. Both SM and TM are often referred to as unregistered trademark symbols.

Anyone who provides a service to the public, like a consulting firm, law firm, financial adviser, or cleaning company, can use a service mark symbol. You can claim a service mark right away without registering the name, logo, or phrase simply by adding the SM symbol.

The service mark symbol offers the same legal protection as the TM symbol—and, therefore, has the same disadvantages. While an unregistered service mark can help you establish trust with customers, reduce brand confusion, and differentiate your business, a service mark symbol that’s registered gives you stronger protection.

Registered trademark symbol

Only trademarks registered with the Trademark Office can use the R symbol. If you do decide to register your distinctive mark, you will have an exclusive, nationwide right to use your mark on the types of goods or services as to which it was registered. Federal registration gives you the ability to sue for trademark infringement in federal court. You can also stop the importation of goods using an infringing mark and use your U.S. registration as a basis to obtain trademark registration internationally.

Who needs registered trademarks? Any business that wants full legal protection for its brand. Businesses operating in interstate commerce may find they need a federal trademark for protection across the country. If you plan to expand to multiple states, a registered trademark also comes in handy. Trademark registration solidifies your rights, providing confidence as you expand and grow.

Importantly, the registered trademark symbol also covers the cyberworld. The Anti-Cybersquatting Consumer Protection Act protects registered trademark owners from cybersquatting, which is when someone tries to register a domain name that is identical or similar to previously registered and well-known marks. They then either use that domain for their own profit or try to sell it to the rightful trademark owner for an inflated sum of money. This protection has been incredibly important for celebrities who have found their names used online by cybersquatters.