When is it OK to use the circle R symbol?ĭo not use the ® symbol if you have not yet secured a federal registration of your mark. The circle R symbol (®) means that a mark is federally registered with the US Patent and Trademark Office, either on the Principal Register or Supplemental Register. So the SM symbol can be applied to for marks for services while the TM symbol can be applied marks for goods. When a mark is used in connection with services, the mark is technically called a service mark. What is the difference between TM and SM symbols?īoth TM and SM symbols serve the same purpose: providing notice that a owner considers a particular mark to be proprietary. In fact, it is entirely lawful to use the TM symbol to signify unregistered common law rights to a mark for which federal registration has not been applied.
No, the TM symbol does not necessarily signify that a trademark application is pending. Does the TM symbol mean that a trademark application has been filed? If you’re thinking of using or applying for a similar mark, you may want to reconsider unless you have strong arguments for making fair use of the term. Nonetheless, it is useful to know where a competitor is coming from if you see the TM symbol next to an unregistered mark. Not all marks are protectable, and the fact that a company placed a TM symbol next to a term or slogan does not necessarily mean that they have the right to stop others from using the term. As discussed further below, a circle R symbol may be used only when a trademark is registered. In other words, the owner is claiming rights to that mark even if a trademark application has not been filed. The TM symbol placed next to a mark is meant to put the public on notice that the owner considers that particular mark to be proprietary.
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