The Infamous Circle R (®) and your Trademark

So you want to use the infamous circle R (®) symbol after your trademark, but you are not sure if you can. After all, the ® symbol feels legitimizing and empowering on your branding. But the reality is, you should not use the ® symbol without a USPTO registration. There are three symbols that are most commonly used after a trademark: Circle R (®), TM, and SM. Depending on the status of your trademark application one or more of these symbols may be appropriate for your trademark.

Circle R (®) is the most recognizable symbol; however, it can only be used after a trademark applicant has received an official trademark registration from the United States Patent and Trademark Office (USPTO). If an applicant prematurely uses the Circle R symbol, the applicant would be in violation of the federal law and will likely have their application rejected.

The TM symbol may be used when a trademark has been attached to a good (but not a service). The user need not have actually have a registered trademark with the USPTO. The TM symbol makes no claim to the registration status of a trademark. The use of the TM symbol essentially does not confer any rights or guarantee that the mark will be protected under the law.

The SM symbol can be used with a trademark attached to a service (legal services, medical services, accounting, etc.). The SM symbol stands for service mark. Like the TM symbol, it does not require a registration of a trademark with the USPTO. The SM symbol does signify that the mark is being used in commerce in association with a particular service. The SM is primarily used in the United States, whereas other countries use the TM symbol for both goods and services. Like the TM symbol, the SM symbol does not confer any rights or guarantee that the mark will be protected under the law.

While it may be nice to use the aesthetic of one of these symbols in your marketing material, make sure that you are using the appropriate symbol.