Most people recognize the ® symbol, also known as the trademark registration symbol. You’ve also likely seen TM or SM used next to brand names or logos. But what do these symbols mean, and when can you legally use each one?
Below, we break down the differences between these symbols and when you’re allowed to use the ® symbol.
What Is the Trademark Registration Symbol?
The trademark registration symbol (®) tells the public that you’ve successfully registered your trademark with the United States Patent and Trademark Office (USPTO). It signals your exclusive legal right to use the trademark in connection with specific goods or services.
Important:
- You may not use the ® symbol until the USPTO approves and registers your trademark.
- Using it before registration can hurt your application and may even violate federal law.
The Difference Between ®, TM, and SM Symbols
The ® trademark registration symbol is different from the TM and SM symbols. Here’s how:
® Trademark Registration Symbol
- Indicates formal registration with the USPTO.
- Can only be used after approval and official registration.
- Using it too early may lead to trademark application denial.
TM Symbol
- Stands for “trademark.”
- Used for goods, even if not registered.
- Shows a claim to common law trademark rights.
SM Symbol
- Stands for “service mark.”
- Used for services, not goods.
- Also claims common law rights but holds no legal weight until registration.
You may use TM or SM without registering, but they don’t carry the full legal power of the ® symbol.
Why Proper Use of the Trademark Registration Symbol Matters
Using the ® symbol without registration can cause:
- Rejection of your application
- Legal consequences for misrepresentation
- Confusion for customers and competitors
Use the ® only after full registration. Before that, stick with TM or SM.
How to Obtain the Right to Use the Trademark Registration Symbol
To legally use the ® trademark registration symbol, you must complete the Federal registration process. This includes:
1. Hire an Experienced Trademark Attorney
A Michigan trademark lawyer will help you avoid mistakes and maximize your success. Legal guidance is essential throughout the process.
2. Conduct a Comprehensive Trademark Search
Your attorney will perform a professional trademark clearance search, reviewing:
- USPTO’s registers
- All 50 state trademark databases
- Business entity records
- Domain names
- Web and social media results
3. Review Your Legal Opinion Letter
Your lawyer will explain whether your mark is likely to be approved. This analysis helps you decide whether to file.
4. Draft and File Your Application
Your attorney will prepare and file your trademark application. You’ll review and sign it before submission to the USPTO.
5. Wait for USPTO Examination
It may take 8+ months before the USPTO assigns an Examiner to your case.
Responding to USPTO Office Actions
If the Examiner sees issues, you’ll receive an Office Action. These can be:
- Administrative (e.g., wording changes, disclaimers)
- Substantive (e.g., refusal due to descriptiveness or likelihood of confusion)
Your attorney will prepare a detailed legal response. It’s difficult to overcome a substantive Office Action without legal help.
The Publication Phase
If your application passes USPTO review, it enters the Publication Phase. This is a 30-day period when others can challenge your application.
- If no one objects, you move to registration.
- If someone opposes, you’ll face litigation before the Trademark Trial and Appeal Board (TTAB).
Approval and Registration
You’ll receive one of two outcomes:
If You Filed an “In-Use” Application:
- You’ll receive your official certificate of registration (PDF format).
- You can immediately begin using the ® trademark registration symbol.
If You Filed an “Intent-to-Use” Application:
- You’ll receive a Notice of Allowance.
- You’ll then have 6 months to submit a Statement of Use with proof of use (specimen).
- Your attorney may request up to five extensions if needed.
Once approved, you can start using the ® symbol in your branding.
Keeping the Right to Use the Trademark Registration Symbol
Registration is not forever without maintenance. You must file required documents to prove continued use of the trademark.
Here’s what to remember:
- Between Years 5 and 6: File a Declaration of Use.
- Every 10 years: File both a Declaration of Use and Renewal Application.
Stay on schedule to keep your registration active and your right to use the ® symbol intact.
Why Work With a Michigan Trademark Attorney?
A skilled trademark attorney ensures:
- Your mark is cleared properly.
- Your application avoids technical pitfalls.
- You overcome refusals with strong legal arguments.
- You can legally use and protect the ® trademark registration symbol.
At Noble Path Legal PLLC, we help entrepreneurs, startups, artists, and businesses of all sizes register and protect their trademarks. Based in Metro Detroit, we provide nationwide virtual legal services.
Start Using the Trademark Registration Symbol the Right Way
Ready to protect your brand? Want to use the ® trademark registration symbol with confidence?
Click the button below to schedule a consultation. Let’s make your brand legally yours—starting today.