Which Trademark Symbol Should I Use?

Question: Which trademark symbol should you use?

Answer: If you have obtained a federal registration for your trademark in the United States, you may use the “circled r” symbol:

®

If you have not filed an application for your trademark, or your trademark is still pending, you should use the small capital letters TM next to your name.

It’s very important that you only use a circled R symbol if you have federally registered your trademark. Even if you have applied for the registration and received a serial number, you must wait until the registration officially issues. In fact, it’s a violation of federal law to use the symbol without proper registration. If the USPTO sees that have used the circled R symbol prematurely in the marketplace, the agency will deny your application.]

That said, while you are waiting for your registration to issue, you can use the TM symbol next to your trademark. You can also use this symbol before you have even filed a trademark application. This is because, in the United States, we recognize common law rights in trademarks. By putting a TM next to your trademark, you are indicating that you are claiming rights in the mark, even though it is not registered with the government.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.