TM vs. R in a Circle: What’s the Difference and When to Use Each Symbol

When to Use ™ and ® Symbols for Your Brand

This guide explains US trademark marking. ™ signals a trademark claim and does not require federal registration. ® is a notice of federal registration and may be used with a USPTO-registered mark for the covered goods or services. A symbol does not itself create rights or make protection worldwide. Other countries have their own marking rules.

When to Use the ™ Symbol

You may use ™ to identify a trademark claim before a US application is filed or registered. Its use is optional, and the claim still depends on the mark, use, earlier rights, and applicable law. Displaying ™ is not proof of ownership or a substitute for clearance.

• Before Registration: Use ™ when you're in the process of applying for trademark registration or when you're just starting to build your brand. This shows the public that you consider this element to be your unique identifier.
• Unregistered Trademarks: If you decide not to register your trademark, you can still use ™ to assert your claim. This is common for small businesses or brands that operate in a local area where they rely on common law trademark rights.
• New Products or Services: When launching a new product or service, use ™ immediately to start claiming ownership while you consider filing for registration.

Example: When a startup launches a new app called "BrightMind," they can use the ™ symbol next to the app's name to indicate they consider it their trademark, even if they haven't filed for official registration yet.

Key Benefits of Using TM:

• Flexibility: You can use it with any brand element—name, logo, slogan—without waiting for official registration.
• Notice of a Claim: ™ can alert others that you claim trademark rights; it does not create a registration or independently establish protection.
• Legitimacy: Using ™ shows the public and competitors that you take your brand seriously, even if it's not yet registered.

When to Use the R in a Circle Symbol

For US use, ® indicates registration with the USPTO. Use it only for the registered mark and the goods or services covered. It should not be used merely because an application has been filed or approved for publication.

• After Registration: Once registration issues, ® can provide notice of that registration. Unregistered marks may already have rights, so this is not a transition from “no legal protection” to “legal protection.”
• Enforcing Your Rights: Displaying the ® symbol warns others that your trademark is registered and that you have the legal right to enforce it against unauthorized use.
• On Products and Marketing Materials: Use the ® symbol on product labels, packaging, websites, and marketing materials to signal that your brand is protected by trademark law.

Example: Once Nike registered its "Swoosh" logo as a trademark, they began using the ® symbol alongside the logo. This deters counterfeiters and reinforces Nike's exclusive rights to the symbol.

Key Benefits of Using R in a Circle:

• Notice of Registered Rights: ® tells others that a mark is registered. The registration, applicable law, and facts determine the rights; the symbol does not provide independent nationwide or international protection.
• Deterrence: The ® symbol can discourage competitors from attempting to copy your brand, knowing that you have legal backing.
• Credibility: It enhances your brand's legitimacy in the eyes of consumers, showing that your brand has been vetted and approved by the government.

What Happens If You Use the R in a Circle Symbol Without Registration?

Using ® without a proper basis can misrepresent registration status and create legal problems. The consequences depend on the facts and applicable law; they should not be described as an automatic fine or an automatic finding of fraud. If a registration is pending, use a permissible claim notice rather than suggesting that registration has already issued.

Can You Use TM After Registration?

Yes. In the United States, using ® is not a condition for the registration to exist. However, notice of registration can affect recovery of profits and damages in an infringement case. Under 15 USC 1111, the permitted notice can be ® or the specified wording; if notice was not given, actual notice to the defendant can matter. This is different from saying that every trademark right disappears unless ® is displayed.

Action Steps: How to Properly Use TM and R in a Circle

1. Before registration: Use ™, or SM for a service-mark claim, if you choose. Do not treat the symbol as proof of ownership.
2. Consider registration: Assess clearance, the proper owner, the relevant goods or services, and the filing requirements.
3. After registration: Give an accurate registration notice for the covered mark and goods or services, taking account of the countries where it will appear.
4. Monitor and maintain: Keep up with required filings and assess suspected infringement on its facts. Enforcement is not created by the symbol alone.

Summary: When to Use TM and R in a Circle

• ™: An optional notice of a trademark claim, including before federal registration.
• ®: A notice of an issued registration, used only on the proper basis. It is not a promise of worldwide protection or unlimited exclusivity.

Protect Your Brand the Right Way

Properly using ™ and ® symbols isn't just about compliance—it's about safeguarding your brand's future. Incorrect usage can leave your brand exposed or lead to legal trouble. If you're ready to secure your brand, schedule a free call with our strategy advisor today.

We guide you through the trademark process, from initial search to registration, ensuring you know exactly when and how to use ™ and ® for maximum protection.

Talk to our strategy advisor