Trademark Symbols – When Can I Use TM, SM, ® and © symbols?

The ™, ®, ©, and ℠ symbols are ubiquitous. We see them every day on the websites we visit and on the products we purchase.   While we may not pay much attention to them in our daily lives, they each serve a very important purpose and convey valuable information to the public.  

It is important to know the differences between these symbols and how using them the right way can help protect your business.

TM symbol or SM symbol

A TM symbol can be used by any person or entity to identify a word, logo, slogan, or any other phrase that they are using as a source identifier for their goods.  

A SM symbol can be used by any person or entity to identify a word, logo, slogan or any other phrase that they are using as a source identifier for their services.  

However, you do not have to register your trademark with the U.S. Patent & Trademark Office to use these symbols on your marks.  You can and should begin to use the TM symbol or the SM symbol to immediately communicate to the public that the word, logo, slogan, or phrase is claimed as your trademark or service mark.  It may even work as a deterrent for a person or entity who was considering using a similar mark.

® Symbol

The ® symbol should only be used on trademarks or service marks that are registered with the U.S. Patent and Trademark Office.  

The ® symbol is very important to use once your mark is eligible because it puts the public, and any potential infringers, on notice that you have a federal registration for your mark. 

© Symbol

The © symbol can be used on any original work that you have created and/or claim as copyright.  However, you do not have to register your work with the U.S. Copyright Office to use the © symbol.  Similar to trademark symbols, use of the © symbol can put the public, including any potential infringers, on notice that your work is protected by copyright.

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