U.S. Trademarks Informational: TM VS ®

U.S. Trademarks Informational:

TM VS ®

Trademarks may be protected based on common law or federal registration. The type of protection used by a trademark owner indicates which trademark symbol can be used in connection with the owner’s mark.

In general, common law trademark protection can be identified by the TM symbol, and federal registration is identified by the ® symbol.

The TM symbol is used to identify marks that are used in association with their goods or services in commerce when a federal registration of the mark has not been granted by the US Patent and Trademark Office (USPTO). That is, the TM symbol is appropriate when an application for federal registration has not been filed or after the application for federal registration has been filed but the subject mark has not yet been granted federal registration.

The ® symbol is used to identify marks that have been granted federal registration by the USPTO. It is important to keep in mind that the USPTO has two registers – the Principal Register and the Supplemental Register. The ® symbol can be used with goods or services associated with marks registered in the Principal Register or the Supplemental Register.

IMPORTANT DISCLAIMER - The contents of this document are not legal advice, do not create an attorney-client relationship, and do not establish an attorney-client privilege. Instead, this document is for general informational and/or educational purposes only.

This document is not a substitute for consulting a licensed attorney. A consultation with a licensed attorney is necessary to consider a complete picture of your circumstances and to provide you with a personalized recommendation.