by Traverse Legal, reviewed by Enrico Schaefer - November 14, 2011 - Uncategorized
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.
This in Brian Hall, a trademark attorney with Traverse Legal, PLC; a law firm that represents trademark applicants and those looking to acquire a trademark registration in the United States Patent and Trademark Office. Today, I will be answering the question: Which trademark symbol can I use? This is a common question that I receive all the time as a trademark attorney. The reality is that there are several symbols out there, and they all can be used in specific situations.
The first is the small ™ or ℠ symbol, oftentimes a superscript next to the actual trademark or service mark. These particular marks simply claim rights by the owner in the mark itself under common law. They can be used by anybody who is claiming an exclusive right to use a particular mark in connection with the goods or services. Now, the ™ symbol is typically used in connection with goods. So, if you’re selling chairs, cars, pencils, buttons or some other good, you can use the tm symbol in connection with whatever mark you’re selling those products under whereas the ℠ symbol is used in connection with a service mark. So a law firm like my own, we use the ℠ symbol if we have a new slogan or tag line that we want to protect under common law. Similarly, if you are a dental office, a doctor or some other service provider, you can use the superscript ℠ symbol next to your particular mark. It simply is a designation that alerts the public of your claim of ownership in the mark regardless of whether or not you have actually filed an application for trademark registration with the United States Patent and Trademark Office, also known as the USPTO.
However, you can only use the federal registration symbol after the USPTO actually registers your mark. The federal registration symbol that I’m referring to is the registered ® symbol. It’s a small capitalized R with circle around it. You cannot use that next to your mark until your trademark application has been successfully registered and you’ve received your certificate of registration from the USPTO. If you use that registered ® symbol before you have successfully acquired a federal registration, you may be subjecting yourself to claims of fraud, and making it more difficult to enforce your trademark rights in the future. So, it is critically important to recognize the difference between the ™ and ℠ symbols, as well as the registration symbol, or ® symbol.
Now, another common mistake that those in the intellectual property field make is use of the © symbol, which stands for copyright. When we’re referring to trademarks, service marks, and federal registrations of the same, you should not be using the small © with the circle around it, because that pertains to those who claim rights in copyright, which is much different from a trademark.
So, to recap, feel free to use the ™ or the ℠ symbol if you are claiming a exclusive right in a mark in connection with either goods or services, however, do not use, under any circumstance, the registered ® symbol until you have successfully registered your trademark or service mark with the USPTO.
This has been Brian Hall answering your question: Which Trademark Symbol Can I Use?
You’ve been listening to Trademark Law Radio. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions.
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.
