Jump to Section
Need help with a Trademark Symbol?
Post Your Project (It's Free)
Get Bids to Compare
Hire Your Lawyer
Trademark symbols are a great way to protect the intellectual property that identifies your company. With a trademark, you can prevent consumers and competitors from using your company logos, slogans, catchphrases, colors, and other elements that give you an advantage in the market.
In the article below, we’ve outlined everything you need to know about trademark symbols:
What is a Trademark Symbol?
Trademark symbols are legal notations that protect your intellectual property. Since trademarks protect your unregistered company trade dress, you can affix a ™ to safeguard them, which is similar to copyright or © use. You could also create greater asset security by registering your trademarks with the United States Patent and Trademark Office (USPTO) and use the R symbol, or ®, instead.
Here is an article that further defines trademark symbols.
Owning a Trademark vs. Having a Registered Trademark
Owning a trademark is when you add the trademark symbol to your logos and other intellectual property. Anyone can affix the trademark symbol to their proprietary and marketing materials. Having a registered trademark is when you physically receive confirmation from the USPTO that your trademarks are on file and protected.
This web page also explains owning trademarks vs. having registered trademarks.
What is the Meaning of “TM”?
TM is an acronym for “ Trademark .” This designation protects words, phrases, colors, slogans, and logos that make a company unique. The legal symbol is ™.
It’s essential to protect your trademarks through the USPTO since your brand is an intangible asset. You can use a TM to protect service marks and trademarks.
“TM” vs. ®
Use the trademark symbol if you didn’t register your work throughout the USPTO. On the other hand, you can use the registered trademark symbol if you did register it. This registration signifies to others that your logos, slogans, and various company designs are protected.
How Do You Get the TM Symbol?
You can get the TM symbol by handwriting it on paper, using a word processor, or through graphic design. Since the TM symbol is not found on a standard keyboard, you can usually find it through a combination of keys or built-in application symbols.
Below, we’ve listed six specific ways to get a digital TM symbol:
- Method 1. Hold the “Alt” button on a keyboard, type “0153,” and release keys.
- Method 2. Use the built-in symbols under “Insert” in Microsoft word.
- Method 3. Search Google for “TM symbol” and copy-paste the result.
- Method 4. Use the built-in special characters under “Insert” in Google Docs.
- Method 5. Hire a graphic designer to create a unique look for your logo.
- Method 6. Use special characters in your iPhone or Android on mobile.
Use a ® with your trademark after you’ve registered it with the USPTO. The trademark symbol informs consumers and competitors that you are claiming ownership of that trademark. Even if you haven’t applied to register your trademark, you can use “TM” for goods and “SM” for services.
How Do You Get the R Symbol?
You can get the R symbol by writing it, using built-in applications, or hiring a graphic designer. Another options is to hold the “Alt” button, type “0174,” and release the keys if you’re on a keyboard. Using the R symbol signifies that you registered your trademark and is searchable via the USPTO trademark database.
How to Register a Trademark
Registering a trademark can take several months through the USPTO. The first phase of trademark registration starts with an audit and trademark search . Then, you move to the second phase, which is a rigid trademark application process.
The USPTO then needs to perform its due diligence to ensure that no one else claims the right to your trademark. However, once you make it through the application process, you essentially become part of a searchable database of protected IP owners. If someone else shares your same ideas, then they at least have the chance to learn that you claim ownership formally.
Take the following seven steps to register a trademark:
- Step 1 . Determine if your trademark satisfies requirements
- Step 2 . Conduct a preliminary trademark search
- Step 3 . Register with your trademark with the USPTO
- Step 4 . Fill out your application completely and accurately
- Step 5 . Submit your application and pay the application fee
- Step 6 . Respond to the USPTO’s questions
The USPTO will publish trademarks for opposition in its Trademark Official Gazette (TMOG) for 30 days. During this time, anyone who believes your trademark registration will harm their business may file an objection (or “opposition”).
If there’s no opposition, the USPTO will issue a registration three months after TMOG publication. You may want to allow others to use your trademark in exchange for a royalty fee once it has been registered. A trademark license agreement is the best way to set up this type of arrangement.
Image via Pexels by Scott
Where Do You Use a Trademark Symbol?
Although not required by law, it is beneficial to affix trademark symbols to your company’s trade dress. These symbols are ways of informing the public that you own trademark rights to a word, phrase, or logo.
If someone uses your protected works, you can file a civil claim against them. However, if you’re willing to take someone to court over trademark use, you should probably think about registering it as soon as possible.
Here are a few other rules to consider:
Rule 1. Placement
The designation should come after the trademark. Depending on the situation, place the symbol in superscript in the upper right-hand corner or subscript in the lower right-hand corner.
Rule 2. Use Frequency
It’s more important to use a trademark symbol in the first prominent mention of a trademark than to use it repeatedly. As a result, you don’t have to use the trademark symbol each time it’s mentioned. Every time the mark is used, the symbol does not have to be used.
This strategy avoids a cluttered look in written documents and web pages. However, it’s perfectly fine to design the symbol into your logo inconspicuously.
Rule 3. Third-Party Use
When you permit someone else to use your trademarks, make sure they use them correctly. It’s also critical that you keep an eye on the licensee’s activities to ensure consistency and IP protection.
Provide guidelines for third-party usage if possible. You should also request that licensees send back use samples routinely. Finally, review third-party uses of your trademarks in the marketplace with an eye toward appropriate, non-generic usage.
Rule 4. Maintaining Trademarks
The registration and maintenance of your trademark with the USPTO is your responsibility. There’s a convenient online portal available on their website to assist you in this endeavor.
It’s also your responsibility to keep track of trademarks and continue to use them. This element can become challenging to manage, especially when developing several brands and product lines.
Trademark protection can last an indefinite amount of time. However, failure to use or prevent others from illegally using your trademarks can result in a permanent loss of federal protections.
Get Legal Help with Trademark Symbols
Your brand is the lifeblood of your company. Ensure that you protect it and manage risk by filing a trademark application with the USPTO. Trademark application lawyers can help you register your trademark symbols and protect other intellectual property, such as patents and copyrights.
Post a project in ContractsCounsel’s marketplace to get free bids from trademark lawyers. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
Meet some of our Trademark Symbol Lawyers
I focus my practice on startups and small to mid-size businesses, because they have unique needs that mid-size and large law firms aren't well-equipped to service. In addition to practicing law, I have started and run other businesses, and have an MBA in marketing from Indiana University. I combine my business experience with my legal expertise, to provide practical advice to my clients. I am licensed in Ohio and California, and I leverage the latest in technology to provide top quality legal services to a nationwide client-base. This enables me to serve my clients in a cost-effective manner that doesn't skimp on personal service.
I am a 1984 graduate of the Benjamin N Cardozo School of Law (Yeshiva University) and have been licensed in New Jersey for over 35 years. I have extensive experience in negotiating real estate, business contracts, and loan agreements. Depending on your needs I can work remotely or face-to-face. I offer prompt and courteous service and can tailor a contract and process to meet your needs.
Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.
For over thirty (30) years, Mr. Langley has developed a diverse general business and commercial litigation practice advising clients on day-to-day business and legal matters, as well as handling lawsuits and arbitrations across Texas and in various other states across the country. Mr. Langley has handled commercial matters including employment law, commercial collections, real estate matters, energy litigation, construction, general litigation, arbitrations, defamation actions, misappropriation of trade secrets, usury, consumer credit, commercial credit, lender liability, accounting malpractice, legal malpractice, and appellate practice in state and federal courts. (Online bio at www.curtmlangley.com).
Real Estate and Business lawyer.
Davis founded DLO in 2010 after nearly a decade of practicing in the corporate department of a larger law firm. Armed with this experience and knowledge of legal solutions used by large entities, Davis set out to bring the same level of service to smaller organizations and individuals. The mission was three-fold: provide top-notch legal work, charge fair prices for it, and never stop evolving to meet the changing needs of clients. Ten years and more than 1000 clients later, Davis is proud of the assistance DLO provides for companies large and small, and the expanding service they now offer for individuals and families.
Braden Perry is a corporate governance, regulatory and government investigations attorney with Kennyhertz Perry, LLC. Mr. Perry has the unique tripartite experience of a white-collar criminal defense and government compliance, investigations, and litigation attorney at a national law firm; a senior enforcement attorney at a federal regulatory agency; and the Chief Compliance Officer/Chief Regulatory Attorney of a global financial institution. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving technological issues. He couples his technical knowledge and experience defending clients in front of federal agencies with a broad-based understanding of compliance from an institutional and regulatory perspective.