The symbols you see next to brand names and logos carry specific legal meanings and have specific rules about when each can be used. Using the wrong symbol, or using any symbol incorrectly, can misrepresent your legal rights and in some cases create legal exposure. Understanding the difference between TM, the registered trademark symbol, and SM is one of the most basic pieces of trademark knowledge every business owner should have.
This guide explains what each trademark symbol means, when each is appropriate, and the legal implications of using them correctly or incorrectly.
The Three Trademark Symbols
What Each One Means
| Symbol | Name | When to Use It | Registration Required? |
| TM | Trademark (unregistered) | When claiming trademark rights in a mark used with goods, even without federal registration | No |
| SM | Service Mark (unregistered) | When claiming trademark rights in a mark used specifically with services rather than goods | No |
| R (circle) | Registered Trademark | Only when the mark is formally registered with the USPTO or equivalent national trademark office | Yes, mandatory |
The TM Symbol: Claiming Unregistered Rights
What TM Does and Does Not Mean
A Public Notice of Intent
The TM symbol signals to the public and to other businesses that you consider this name, logo, or phrase to be your trademark and that you are claiming trademark rights in it. It does not require federal registration, does not require any government filing, and does not require payment of any fee. Any business can place TM next to a mark they are using as a brand identifier from the first day of commercial use. These rights are often based on common law trademark protection, which arises through use rather than registration.
What Using TM Accomplishes
- Signals your trademark claim publicly, putting others on notice that you consider the mark proprietary
- Documents that you were treating the mark as a trademark from the date of first use
- Provides some deterrent effect against others adopting confusingly similar marks
- Does not create federal registration rights or the legal presumptions that come with registration
- Can be used continuously throughout the trademark application process, before registration is granted
The SM Symbol: Service Mark Distinction
When SM Is More Appropriate Than TM
Services vs. Goods
The SM symbol is technically the correct unregistered mark symbol for service businesses, while TM is technically correct for businesses selling physical goods. In practice, TM has become universally used for both goods and services, and using TM for a service business is not considered incorrect. SM is primarily used by businesses that want to be precise about the nature of their mark, in legal and formal contexts, or in fields where the services/goods distinction matters more.
The Registered Trademark Symbol: The Most Significant Rules
When the Circle R Can and Cannot Be Used
Registration Is Required
The registered trademark symbol may only be used with a mark that has been formally registered with the USPTO (or an equivalent national trademark office in other countries). This is not just a convention. In the US, using the registered symbol with an unregistered mark is considered a fraudulent representation that can affect your ability to enforce the mark and, in some circumstances, can constitute false advertising or unfair business practices under applicable law.
The USPTO Registration Requirement in Practice
Federal trademark registration takes typically eight to twelve months from application to registration. Businesses considering registration should also understand the overall trademark cost in 2026 before beginning the process. During this entire period, even with an application pending and approved, you cannot use the registered symbol. You must continue using TM until the USPTO formally grants the registration and issues the registration certificate. The registered symbol becomes appropriate the day the certificate is issued.
International Considerations
The registered trademark symbol only applies in countries where the mark is actually registered. A mark registered in the US cannot use the registered symbol in countries where it has not been registered. International brands must maintain country-by-country awareness of where their marks are registered to use the registered symbol correctly.
Where to Place the Trademark Symbol
Positioning Rules
Correct Placement
- The symbol appears as a superscript to the upper right of the mark: Brand Name TM
- In some typographic contexts, the symbol is placed at the lower right: Brand Name TM
- The symbol applies to the mark itself, not the product name or description that follows it
- In running text, the symbol typically appears on the first prominent use of the mark rather than every instance
- On product packaging, the symbol should appear near the mark in the label design
What Happens if You Use Symbols Incorrectly
The Legal and Practical Consequences
Using the Registered Symbol Without Registration
Using the registered trademark symbol with a mark that has not been federally registered can create serious problems. Courts have held that fraudulent use of the registered symbol can affect the mark owner’s ability to collect damages in an infringement case, can be raised as a defense by an alleged infringer, and can in some circumstances expose the user to claims of fraud or unfair business practices.
Not Using Any Symbol
- Failing to use TM or the registered symbol does not eliminate your trademark rights
- But it does mean you are not providing public notice of your claim, which can weaken your position in disputes
- For registered marks, consistent use of the registered symbol is important for maximizing the legal benefits of registration
Final Thoughts
Using trademark symbols correctly is a small but legally meaningful aspect of trademark management. TM and SM are available to any business claiming unregistered trademark rights at no cost and no registration requirement. The registered trademark symbol is only available after actual registration and using it prematurely creates legal risks that are entirely avoidable. Once registered, businesses should also plan for future trademark renewal costs to maintain their protection.
Trademark Tigers helps businesses understand and manage their trademark rights at every stage. If you have questions about trademark symbols or your broader trademark strategy, reach out to us.
FAQs
1. What is the trademark symbol and what does it mean?
There are three trademark symbols: TM indicates an unregistered trademark claim for goods, SM indicates an unregistered service mark claim for services, and the circle-R indicates a federally registered trademark. Each has specific rules about when it can be used.
2. Can I use the registered trademark symbol before my mark is registered?
No. The registered trademark symbol may only be used after the USPTO formally grants registration and issues a certificate. Using it while an application is pending, even if the application has been approved, is premature and potentially fraudulent.
3. What happens if I use the registered symbol incorrectly?
Fraudulent use of the registered symbol with an unregistered mark can affect your ability to collect damages in an infringement case, can be raised as a defense by alleged infringers, and may expose you to claims of fraud or unfair business practices.
4. Do I need to register a trademark to use TM?
No. The TM symbol can be used by any business claiming trademark rights in a mark used with goods, without any registration, filing, or fee. It simply signals that you consider the mark to be your trademark.
5. Where should the trademark symbol be placed?
The symbol appears as a superscript to the upper right of the mark in most contexts. In running text, it typically appears on the first prominent use rather than every instance. On product packaging, it appears near the mark in the label design.
