How to Use the Trademark Symbols TM, SM, and ® (2025)

Trademark symbols play an important role in brand protection. Each symbol has specific uses and legal implications, and understanding when and how to use them correctly can significantly impact the effectiveness of your trademark protection.

‍

The TM (trademark) and SM (service mark) symbols are used to signify that a word, phrase, logo, or design is being claimed as a trademark. The TM is used for goods, while SM is used for services. Both symbols can be used without any registration with a trademark office, and their primary function is to alert the public to your claim of ownership over the trademark. This is a proactive step in preventing potential infringement by making others aware that you consider it your intellectual property.

• They provide public notice of your claim of ownership, which deters potential infringers.
• Using these symbols can establish a timeline of usage that may be beneficial if you decide to formally register your trademark later.
• They can be used regardless of whether you have filed your trademark for registration, adding flexibility to brand strategies.

The ® symbol indicates that your trademark is officially registered with the trademark office. Unlike TM and SM, this symbol should only be used after receiving official registration and not during the application process. It is a symbol that provides statutory protections under trademark law.

• It enhances your brand’s credibility in the market by showing that the trademark is not only claimed but also legally recognized and protected.
• Once registered, you have exclusive rights to use it for the goods and services listed in the registration. This can serve as a significant deterrent against misuse and infringement.
• A registered trademark can be a basis for registering your mark in other countries.
• With a registered trademark, you can access greater legal remedies against infringement, including the possibility of obtaining statutory damages.