Navigating trademarks for a product or service can be challenging, but it is absolutely necessary if you want to protect your assets. Thankfully, throughout the entire registration process, there are various options for safeguarding your brand by using trademark symbols. The three symbols that are most often used are (™), (®), and (℠). However, there are differences between these symbols and their meanings, and which ones can be used to protect your mark while your trademark application is pending.
What is the Difference Between the Trademark Symbols?
Although some may believe that trademark symbols are all similar, they have distinct meanings and purposes.
A Trademark Symbol (™)
The trademark symbol (™) is used to show that a logo, word, phrase, or other type of mark is being claimed as a service mark or trademark. This symbol shows consumers and others that the mark’s owner asserts rights over the mark and wants to use it to distinguish their goods or services from others. It also informs the public that the mark is considered a trademark and has certain legal protections, even if the mark has not yet been registered with the appropriate trademark office.
A Registered Trademark Symbol (®)
The registered trademark symbol (®) is used to indicate that a mark has been officially registered with the appropriate trademark office and is protected by trademark laws. However, this symbol can only be used after the registration process has been completed and the mark has been granted registration rights. It also serves as notice to the public that the mark is officially registered and the mark’s owner has exclusive rights to use it.
A Service Mark Symbol (℠)
A service mark symbol often indicates that a phrase, name, logo, or slogan is being used to brand a service instead of a product and that the user is claiming rights to this service. The service mark can be used on advertisements, service descriptions, and promotional materials, even if the trademark is not registered with the United States Patent and Trademark Office (USPTO). However, the use of this symbol does not guarantee that the mark’s owner will be protected under trademark laws.
When Should You Use the Trademark Symbol (™)?
The trademark symbol (™) is often used in the following situations:
- When a party has selected a mark to represent their services or products and wishes to establish their ownership claim.
- When a party uses a specific slogan, logo, or brand name that they feel qualifies as a trademark.
- When a party wants to offer notice to competitors, the public, and possible infringers that they believe the mark to be a trademark.
- When a party uses the mark in commerce and wants to build awareness and recognition of their brand.
- When a party has yet to obtain a formal trademark registration but wants to let others know of their claim.
Although using a trademark symbol can help discourage others from copying or using your mark, using the trademark symbol does not automatically provide legal protection. That is why, to learn more about the proper use of your trademark and the steps you may need to take to protect it, consider discussing these specific issues with an experienced trademark attorney.
Contact TM Law Today To Learn More About Trademark Symbols
With more than 60 years of combined legal experience, TM Law knows the importance of safeguarding intellectual property. That is why our skilled trademark attorneys specialize in helping individuals, businesses, and other attorneys with intellectual property matters.
If you are looking for additional information about trademark symbols and what they mean or want to know more about safeguarding your brand, contact TM Law today.
