TM, SM, and ® Symbols
The three symbols look interchangeable but they make very different claims. Two of them you can use freely from day one, and one of them you may only use after the USPTO has actually issued your registration number.
The three symbols in one line each
- ™
- Trademark. Claims rights in a mark used with goods. No application or registration is needed. It tells the world you consider this your brand.
- ℠
- Service mark. The same claim for services instead of goods. It is rare in practice, and most filers simply use ™ for both.
- ®
- Registered mark. Reserved for marks that have actually issued a federal registration, and only for the goods or services listed in that registration.
When you may use each one
- ™ and ℠: from the first day you use the mark in commerce, whether or not you have filed anything.
- ®: only after the USPTO issues the registration number. Not when you file, not when the application publishes for opposition, and not when a Notice of Allowance arrives.
- A foreign registration does not authorize ® in the United States. You need a US registration on the goods or services where you use it.
- A state registration does not authorize ® either, and several states treat improper use of the symbol as a deceptive trade practice.
Claiming federal registration before you have one can be treated as a false or misleading representation, which supports a false-advertising claim under the Lanham Act and gives an opponent an easy lever. It also invites an examining attorney to question the accuracy of your other sworn statements. Look up the serial number in TSDR and confirm a registration number exists before you add the circle.
Where the symbol goes
Set it in superscript on the most prominent use of the mark, usually in the upper right corner of a logo or immediately after a word mark in body text. You do not need to stamp every instance on a page; one clear use per page or per package panel is standard practice. Attach it to the mark itself and not to the generic product name, and use it in your own branding rather than in editorial references to someone else’s product.
Four fixes worth making today
- Audit every ® on your site, packaging, app store listing and ads against the actual registration record in TSDR.
- Match the symbol to the goods. If your registration covers hats in class 25 and you launch coffee in class 30, the ® cannot ride along until the coffee application registers.
- Drop the symbol from any mark whose registration has been cancelled or expired for a missed Section 8 declaration.
- Keep ™ in place while an application is pending. It signals your claim honestly without overstating it.
Does the symbol actually do anything?
™ puts later users on notice that you treat the mark as yours, which makes it much harder for them to argue they adopted it innocently. ® carries statutory weight: it is constructive notice of your federal registration nationwide, and it is a prerequisite to recovering statutory damages in counterfeiting cases. Neither symbol creates a right you do not already have, which is exactly why overclaiming with ® is dangerous rather than merely sloppy.
Frequently asked questions
Can I use ™ before I file any application?
Yes. ™ requires nothing but your own claim that the word or logo identifies your goods. It is the correct symbol from first use through the entire pendency of an application.
What happens if I already used ® before the registration issued?
Stop and fix it. The exposure depends on whether anyone can show they relied on the misrepresentation, but the claim is available to competitors and to the USPTO, and it is cheap to avoid by checking the registration status first.
Do I need any symbol at all?
No symbol is legally required to have trademark rights. Using one is still smart: it documents that you are asserting the mark as a brand rather than as a description, which helps later in a dispute.
Can I use ® if I only have a state registration?
No. ® signals a federal registration from the USPTO. Use ™ for a state-registered mark, and use the state’s own prescribed form if it has one.
Where do I check whether my mark actually registered?
Enter your serial number in TSDR and look for a registration number and a registration date in the status line. Until both appear, the mark is not registered and ® is not available.
More in Trademark Basics
Trademark Fundamentals
What counts as a trademark, and what rights registration actually gives you.
Federal, State and Common-Law Rights
Three layers of trademark protection in the U.S., and what each one covers.
Trademarks vs. Copyrights vs. Patents
Three different protections, three different applications. Pick the right one.
Applicant Eligibility
Who can file, and what counts as a valid filing basis. Foreign filers need a U.S. attorney.