What is the ® Registered Trademark Symbol and Should I Use It?

In the world of commerce, the ® registered trademark symbol (known as the “Circle R”) conveys a very important meaning.  The registered trademark symbol signifies that a trademark or service mark has been federally registered with the United States Patent and Trademark Office (“USPTO”).  It is regularly used by owners of registered trademarks to put the world on actual notice of their federal trademark rights and to deter others who may be considering adopting an identical or confusingly similar mark.

As a side note, just because you see the registered trademark symbol next to a trademark, do not assume that the mark is actually federally registered.  It is very possible that the registration may have been cancelled, the mark was never registered to begin with, or the mark is merely the subject of a pending trademark application that has not yet matured into a registration.  So, if you ever want to know for sure whether a particular trademark is registered, you will have to conduct a thorough and comprehensive federal trademark search.

Read moreWhat is the ® Registered Trademark Symbol and Should I Use It?

What is the “TM” Trademark Symbol and When May I Use It?

You have likely seen the “TM” trademark symbol used in combination with various trademarks.  The “TM” trademark symbol is widely utilized by individuals, businesses, and organizations to alert the public of their claim of ownership in a particular mark.  Of course, using a “TM” does not necessarily mean that the user of the mark actually owns any common law or federal trademark rights whatsoever.  For example, if I was to start selling soda under the name “COCA-COLA,” I would be a dirty little infringer since I clearly cannot obtain any trademark rights in the famous COCA-COLA name.

Once a trademark is registered with the United States Patent and Trademark Office (“USPTO”), the owner of the trademark may use the “®” registered trademark symbol in place of the “TM” in order to provide notice to the world that the trademark is federally registered.

Read moreWhat is the “TM” Trademark Symbol and When May I Use It?