How to use the ® and TM Symbol
March 5, 2009 by Andrew P. Lahser, Arizona Trademark Attorney
There are two symbols commonly used to mark trademarks: ® and ™.
The ™ symbol may be used whenever a company wants to indicate any mark that they consider to be a trademark. A company need does not need to file any paperwork or receive permission to use the ™ symbol. Use of the ™ symbol can put your competition on notice that you consider a mark your trademark.
The ® symbol may ONLY be used AFTER the US Government grants a Federal registration certificate. The ® symbol may not be used while the Federal application is pending. Additionally, the ® symbol may only be used in connection with the goods and services listed on the registration certificate.
When using your trademark, place it prominently, so people will notice it. When using your trademark in printed text, use bold, italic, UPPERCASE, or a different font to differentiate your trademark from other, surrounding words. Try to use your trademark as an adjective and not as a noun. For example, "Be hip, show style, wear NIKE
Either symbol is usually placed to the upper right of the word, logo or other mark. Sometimes companies list the trademarks used in the material along with the owner in the footer of their website or the bottom of a printed page. For example, "Coca-Cola® and the contour bottle are registered trademarks of The Coca-Cola Company." Remember, do not claim that your trademark is registered unless it is actually registered with the US Trademark office (www.uspto.gov). Only marks that have been filed, approved and granted the ribbon-original registration certificate by the US Trademark Office may claim to be registered in the US.
By always using the correct trademark symbol whenever you use your trademark, your competitors should be put on notice of your trademark, which lets them respect your intellectual property. Likewise, you can prevent your customers from becoming confused by always respecting the trademarks of others, whether they use the ® or ™ symbol.
Other articles that may be helpful:
- Can I claim trademark to a product I am importing without the manufacturers consent?, March 19, 2009: Foremost, if the US distributor would like the exclusive right to distribute the European manufacturer’s widgets, the US distributor needs an exclusive distribution agreement. Trademarks do not confer the exclusive right to sell products. Trademarks protect consumers from becoming confused about who is selling them stuff. Protecting consumers from becoming confused is the real purpose...
- How to avoid mistakes when filing your US trademark., February 22, 2009: The US trademark registration form is deceptively simple. The online form can be completed in about 30 minutes. More time is needed to correctly answer the questions that use legal “terms of art,” which can mislead first time users. These traps for the unwary can prevent registration or lie dormant until much later to prevent...
- Stopping a Department Store from Using your Logo, March 9, 2009: What an i do if a department store is using my company logo? A large chain department store has used my logo on a t-shirt design that they are now selling at all there store locations an on the internet. My logo was created 3 years ago. It was printed on shirts and has been...