What Do the Symbols TM, SM and the Circled R Mean?

Have you ever picked up an item at the store or viewed an advertisement where the name of the item or slogan is prominently displayed with a tiny TM or SM or the letter R in a circle ®? If so, did you ever wonder what those symbols meant or what is the difference between the three? Being a consumer, you are subjected to hundreds of images of brand names, slogans, and logos each day. With these images, you will more often than not find the symbols TM, SM, ® right next to the brand names, slogans, etc. signifying the owner's claim on that particular mark. However, each symbol has its own special meaning that indicates where the owner is presently at in the trademark process.

The "TM" (trademark) and "SM" (service mark) symbols may be used if the owner claims the right to use the mark. The "TM" is to be used with products, while the "SM" should be used with services. The "TM" or "SM" designation alerts the public of the owner's claim of a "common-law" use of the mark. The "TM" or "SM" may also be used to signify a trademark application for the mark is currently pending in the United States Trademark Office (USPTO). However, registering your mark with the USPTO is not necessary to use the "TM" or "SM" symbol. Even if the USPTO refuses to register your mark, you may still use the symbols on your mark, again signifying a common-law use. These symbols let others know that you are making a claim of rights on the mark. However, common law rights do not give you all the benefits a federal registration provides.

You are only allowed to use the federal registration symbol R-in-a-circle ® after the USPTO issues a registration to you on your mark. You cannot use the ® symbol if your application is currently pending with the USPTO. You should only use the ® symbol when your mark is used on or in connection with the goods/services listed on your federal registration and should only be used on marks that are live (you've paid all necessary fees to maintain your trademark registration). Using the trademark registration symbol with a mark that is not registered with the USPTO is considered a misuse of the symbol and a misrepresentation to the consuming public, which can be actionable in a court of law.

There are no specific rules on where the trademark symbol must be displayed. Most businesses/people place the symbol in the upper or lower right hand corner of the mark. Owning a federally registered mark offers many benefits that owning only a "common-law" mark does not provide. A few examples of these advantages include: public notice of your claim of ownership of the mark, a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide in connection with the listed goods/services, and the ability to bring an action concerning the mark in federal court.