TM vs Registered Trademark Symbol and When to Use Each One

Use TM for any mark you claim as a trademark, registered or not. Use ® only for a mark that is actually registered, for the goods or services covered, in the country where you use it.

The two symbols look similar but send very different messages. TM is a claim. It tells people you regard a name, logo or slogan as your brand. The ® symbol is a statement of fact. It tells people a trademark office has registered the mark. Using TM too freely costs nothing, while using ® when you are not entitled to it can create legal problems. This guide explains when each symbol applies, where SM fits in and how the rules differ between countries.

The three symbols compared

When you can use TM

The TM symbol has no formal legal status in most countries. Anyone can use it, without filing anything, to signal that they claim a word, logo or slogan as a trademark. That makes it useful in several situations.

• Before you file. A new brand can use TM from launch to show it is a brand, not a generic description.
• While an application is pending. Filing does not entitle you to ®, so TM is the correct symbol during examination and opposition.
• For marks you do not plan to register. Secondary product names, campaign slogans and taglines often use TM without any application.
• In countries where your mark is not registered. If your mark is registered in one country but not another, TM is the safe choice in the second.

Using TM does not create rights by itself. In the United States, rights can arise from use of the mark in commerce, and TM simply puts others on notice of your claim. In the EU and the UK, unregistered marks get much weaker protection, which is why registration matters. If you have not yet checked whether your name is free, check trademark availability before investing in branding that carries a TM.

What SM means

SM stands for service mark. It is used mainly in the United States for marks that identify services rather than goods, such as a consulting firm, a restaurant or a software platform offered as a service. Legally it works the same way as TM. It signals a claim and requires no registration.

In practice, many service businesses simply use TM, and that is generally accepted. Outside the US, SM is rarely seen and TM is understood as covering both goods and services. Once a service mark is registered, the correct symbol is ®, the same as for goods.

When you can use ®

The ® symbol may only be used once the mark is registered. Three conditions apply together.

1. The mark is registered, not just filed. A pending application, an approved mark awaiting publication or a mark in opposition does not qualify. Use ® only after the office issues the registration.
2. The use matches the registration. The symbol should appear on the goods or services covered by the registration. Placing ® next to the mark on unrelated products suggests protection you do not have.
3. The registration is in force where you use it. A registration is territorial. A mark registered at the EUIPO is registered in the EU, not in the United States. A mark that lapses for non-renewal is no longer registered.

Registrations also need upkeep. A mark that expires because a renewal deadline was missed stops qualifying for ®. Our trademark renewal page covers the deadlines.

Why ® matters in the United States

US law gives the registration symbol a practical role. Under the Lanham Act, the owner of a registered mark should give notice of registration, either with ® or with wording such as "Registered in U.S. Patent and Trademark Office". Without that notice, an owner may not be able to recover profits or damages in an infringement case unless the infringer had actual notice of the registration. Using ® consistently on registered marks is therefore more than decoration.

What happens if you misuse ®

Using ® on a mark that is not registered, or outside the scope of its registration, can cause problems that range from a refused application to criminal liability, depending on the country.

United States

Misuse of the registration symbol can be treated as an attempt to mislead the public. The USPTO may refuse to register a mark if the applicant has misused ®, and in litigation a court may decline to enforce rights in a mark where the misuse was intentional. Honest mistakes, such as a printer's error or a recently lapsed registration, are usually treated more leniently than deliberate misuse, but the safer course is to avoid the problem altogether.

United Kingdom

In the UK, falsely representing a mark as registered is a criminal offence under the Trade Marks Act 1994. Using ® or the word "registered" for a mark that is not registered in the UK may be such a representation, although the law recognises that a registration elsewhere can be relevant if this is made clear. Businesses selling into the UK should be careful when packaging carries ® for a registration held only in another country. See our United Kingdom guide for more on UK filings.

European Union

EU trademark law does not set a single rule for the symbol, so the consequences depend on national law in each member state. In several countries, misleading use of ® can be treated as unfair competition or misleading advertising, which competitors may challenge. Our European Union guide covers EU trademark filings.

Other countries

Many other countries also restrict or penalise false claims of registration, and some impose fines. If you sell internationally, check the rules in each market before printing ® on packaging that will be sold there.

Using the symbols correctly in practice

Placement

The symbol usually appears at the upper right of the mark, in superscript, although lower right placement is also seen. It should be close enough to show which mark it refers to. It does not need to be large.

Frequency

You do not need the symbol every time the mark appears. A common approach is to use it on the first or most prominent mention on a page, a package or a screen, and on the product itself. Overusing it can clutter the design without adding protection.

Products sold in several countries

Packaging used in many markets is the most common source of mistakes. If your mark is registered in some markets but not others, options include using TM on shared packaging, printing separate versions for each market, or adding a short note such as "Registered in the European Union" where the law allows it. The right choice depends on where your registrations are in force.

Marks you do not own

The symbols indicate who claims the mark. If you mention another company's trademark, for example in a comparison or on a reseller page, you may use the symbol with an attribution line, but you should not suggest that you own the mark or that it is registered when it is not.

From TM to ®

The path from TM to ® is the registration process itself. Search the name, file in the right classes, respond to any objections and complete publication. Our guides on how to trademark a name and how long trademark registration takes describe each step. Once the registration issues, switch to ® for the registered goods or services in that territory, and keep TM elsewhere.

Trademarking helps you get there with a trademark search that shows the closest existing marks, filing preparation in your own name and trademark monitoring once the mark is filed. A partner attorney is used where an office requires a representative, and official fees are paid directly to the office.

You can use TM today. To get to the registered symbol, start with a trademark search on your name and pick one of the plans that prepares the filing.

This article is general information, not legal advice.