What do TM and Circle R (®) symbols mean?

What does the TM symbol mean?

The TM symbol placed next to a mark is meant to put the public on notice that the owner considers that particular mark to be proprietary. In other words, the owner is claiming rights to that mark even if a trademark application has not been filed. As discussed further below, a circle R symbol may be used only when a trademark is registered.

Not all marks are protectable, and the fact that a company placed a TM symbol next to a term or slogan does not necessarily mean that they have the right to stop others from using the term. Nonetheless, it is useful to know where a competitor is coming from if you see the TM symbol next to an unregistered mark. If you’re thinking of using or applying for a similar mark, you may want to reconsider unless you have strong arguments for making fair use of the term.

Email Vic at vlin@icaplaw.com or call (949) 223-9623 to explore working with us. For flat fee trademark filings from start to finish, see our fixed fee patent and trademark cost estimates. Before we dive into the meaning of these trademark symbols, feel free to check out our reviews.

Does the TM symbol mean that a trademark application has been filed?

No, the TM symbol does not necessarily signify that a trademark application is pending. In fact, it is entirely lawful to use the TM symbol to signify unregistered common law rights to a mark for which federal registration has not been applied.

What is the difference between TM and SM symbols?

Both TM and SM symbols serve the same purpose: providing notice that a owner considers a particular mark to be proprietary. When a mark is used in connection with services, the mark is technically called a service mark. So the SM symbol can be applied to for marks for services while the TM symbol can be applied marks for goods.

What does the circle R symbol (®) mean?

The circle R symbol (®) means that a mark is federally registered with the US Patent and Trademark Office, either on the Principal Register or Supplemental Register.

When is it OK to use the circle R symbol?

Do not use the ® symbol if you have not yet secured a federal registration of your mark. Filing a trademark application alone does not entitle you to use the circle R symbol.

If you are launching new products under a new mark and need to file a Statement of Use for an Intent-To-Use application, make sure the mark shown on the product or packaging omits the circle R symbol. In filing a Statement of Use, it would be acceptable to submit specimens showing the TM or SM symbol.

How to use the ® symbol

The ® symbol is typically placed in the upper right hand corner or lower right hand corner of a mark that is registered with the USPTO.

Can you submit specimens with the circle R symbol?

If a foreign applicant is using the circle R symbol on specimens due to a foreign registration, then such use may be proper. Notice, however, that a US applicant cannot submit specimens with the circle R symbol based on a foreign registration. Such improper use will invite an Office Action.

Ready to protect your trademark?

Contact US patent and trademark attorney Vic Lin by email or call (949) 223-9623. We can help you determine the right type of trademark application to file and search for similar trademarks before filing. Save time and money by avoiding common mistakes made by do-it-yourself trademark filers.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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