How to Correctly Use Trademark Symbols
After securing a trademark, understanding how to use trademark symbols correctly is essential for protecting your brand. This guide breaks down the ™, SM, and ® symbols to make it simple and straightforward.
How to Use the ™ Symbol
The ™ symbol signifies a claim of common-law trademark rights for unregistered marks. It informs others that a term, logo, slogan, or similar element is being claimed as a trademark. However, using the ™ symbol doesn’t guarantee legal protection under federal trademark laws.
Even if your trademark application is rejected, you can still use the ™ symbol to assert common-law rights. This symbol can be applied to physical and digital goods, such as clothing, packaging, or downloadable software.
How to Use the SM Symbol
The SM symbol functions similarly to the ™ symbol but applies specifically to service marks. It’s used for businesses offering services like financial advising, consulting, or restaurant operations.
If your brand offers both goods and services, the ™ symbol is generally acceptable. Don’t stress too much about the distinction—courts often treat the ™ symbol as valid for both trademarks and service marks.
How to Use the ® Symbol
The ® symbol indicates that your trademark has been officially registered with the USPTO or another country’s intellectual property office. It signifies legal ownership and protection in the countries where the mark is registered.
In the United States, you may only use the ® symbol once your trademark registration is approved. If your application is still pending, it is not permissible to use this symbol.
Best Practices for Trademark Symbol Usage
Although there’s no strict rule for placement, most people position trademark symbols in the upper right corner of the mark, often as a superscript. While using trademark symbols isn’t mandatory, it’s highly recommended.
Proper use of ™ or SM can help establish common-law rights, while the ® symbol demonstrates that your mark is federally registered. This can be invaluable in cases of infringement, as it shows that infringers were on notice of your registration.
Protect Your Brand with Proper Trademark Symbol Use
Once you know how and when to use trademark symbols, you can confidently apply them in your business. These symbols play a crucial role in safeguarding your trademarks and your brand’s identity.
If you have questions about using trademark symbols, our team at Leonov Trademark Law is here to help. Contact us today to ensure your trademarks are protected.