TM vs. R in a Circle: What’s the Difference and When to Use Each Symbol
When to Use ™ and ® Symbols for Your Brand
The R in a circle indicates a registered trademark with the USTPO. When you register your brand, you can legally use the circle R symbol, but it’s not required. The symbol tells everyone that the government recognizes your ownership and rights to your brand. It means you can enforce your brand rights in court.
If you're building a brand, knowing when to use the ™ and ® symbols is crucial. Proper use of these symbols can protect your brand from infringement and enhance its credibility. But when exactly should you use each symbol at each step of your trademark registration journey? Let's break down the specific situations where ™ and ® come into play.
When to Use the ™ Symbol
The ™ symbol can be used anytime you want to claim a brand, logo, or tagline as your trademark, even if you haven't registered it with a government trademark office. Think of it as the "first line of defense" for your brand. Here's when you should use ™:
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.
Early Protection: It helps deter potential copycats while you prepare to file for registration.
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
The ® symbol is reserved exclusively for trademarks that have been officially registered with a government trademark office, such as the USPTO in the United States. Using ® without registration is illegal. Here's when you should use the ® symbol:
After Registration: Use the ® symbol as soon as your trademark is officially registered. This marks the transition from "claimed" to "legally protected."
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
:
Strong Legal Protection: It provides nationwide or even international rights, giving you a powerful tool to stop infringers.
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 the ® symbol without having a registered trademark is a big mistake. It's not only misleading but also illegal. Misuse can lead to legal penalties, fines, and lawsuits. Courts take the misuse of the ® symbol seriously because it deceives consumers and competitors about the legal status of a trademark.
Real-Life Consequence: In Southern California Darts Association v. Zaffina (2014), the defendant used the ® symbol without proper registration, leading to a court ruling against him. The court deemed it fraudulent and deceptive, ordering him to cease using the ® symbol and imposing potential financial penalties.
Can You Use TM After Registration?
Yes, you can continue to use ™ even after your trademark is registered. You’re not legally required to use the ® symbol, although it is recommended for the stronger legal protections it provides. However, you must use ® if you want to assert full legal protection over your registered trademark effectively.
Action Steps: How to Properly Use TM and R in a Circle
Start with ™: As soon as you start using a brand name, logo, or slogan, use the ™ symbol to assert your claim while you work on getting it registered.
Apply for Registration: Begin the trademark registration process with the appropriate government office to gain full legal protection.
Switch to ® After Approval: Once your trademark is registered, start using the ® symbol to enforce your exclusive rights.
Monitor and Enforce: Keep an eye out for unauthorized use of your trademark. With the ® symbol, you have the legal grounds to take action against infringers.
Summary: When to Use TM and R in a Circle
Use ™: When your trademark is unregistered or while you're in the process of registration. It's your claim to ownership.
Use ®: Only after your trademark is officially registered. It indicates full legal protection and 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.
