by Traverse Legal, reviewed by Enrico Schaefer - May 10, 2007 - d. How to Trademark a Name, Logo or Slogan
What is the difference between TM or SM and the encircled R?
Use of the TM and SM symbols may be governed by local, state, or
foreign laws and the laws of a pertinent jurisdiction to identify the
marks that a party claims rights to. The federal registration symbol,
the R enclosed within a circle, may be used once the mark is actually
registered in the USPTO. Even though an application is pending, the
registration symbol may not be used before the mark has actually become
registered.
The federal registration symbol should only be
used on goods or services that are the subject of the federal trademark
registration.
PLEASE NOTE: Several foreign countries use
the letter R enclosed within a circle to indicate that a mark is
registered in that country. Use of the symbol by the holder of a
foreign registration may be proper.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
