What do TM and Circle R (®) symbols mean? - Patent Trademark Blog | IP Q&A (2024)

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    What do TM and Circle R (®) symbols mean? - Patent Trademark Blog | IP Q&A (1)

    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.

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

    No, the TM symbol does not 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.

    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.

    What is the difference between TM and SM symbols?

    Both TM and SM symbols serve the same purpose: providing notice that an 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 marks for services while the TM symbol can be applied to 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. Such use, however, may invite an Office Action if the Examining Attorney cannot determine whether the mark is registered in a foreign country.

    Countries that use the circle R symbol include:

    • Belgium
    • China
    • Costa Rica
    • Denmark
    • Ecuador
    • Germany
    • Hungary
    • Luxembourg
    • Netherlands
    • Nicaragua
    • Poland
    • Sweden

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    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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    What do TM and Circle R (®) symbols mean? - Patent Trademark Blog | IP Q&A (2)

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    What do TM and Circle R (®) symbols mean? - Patent Trademark Blog | IP Q&A (2024)

    FAQs

    What do TM and Circle R (®) symbols mean? - Patent Trademark Blog | IP Q&A? ›

    The TM and SM symbols indicate that your trademark is not yet registered with the U.S. Patent and Trademark Office. In contrast, the ® symbol means that your trademark is registered. The ® is only for trademarks that have been federally registered with the U.S. government.

    What does the TM and R symbol mean? ›

    The ® on a product means that it's a registered trademark, meaning the brand name or logo is protected by (officially registered in) the US Patent and Trademark Office, while plain old ™ trademarks have no legal backing. Protections for registered trademarks last for 10 years and can be renewed after that.

    What is the circle R symbol on this logo? ›

    The registered trademark symbol, ®, is a typographic symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office.

    What does the R and a circle mean? ›

    The R in a circle (®) means it's a registered trademark. So you think it's a trademark and the government agrees. The government agrees that you can use certain laws and certain presumptions embedded in these laws to go after anybody who may want to steal your brand.

    What does the TM stand for in trademark? ›

    TM [™] Symbol

    The TM symbol is used when a trademark owner files the trademark registration application with the Registrar of trademarks. The TM symbol indicates that a trademark registration application exists concerning the trademark and serves as a warning for infringers, copycats, duplicators and counter-fitters.

    What does the TM symbol mean in a circle? ›

    TM symbol meaning. TM stands for trademark. Trademarks are marks used with goods, such as cell phones, clothing, software, and juice. The letters TM mean that a name, word, logo, or phrase is an unregistered trademark, which means that it is not registered with the U.S. Patent and Trademark Office.

    Is the R in a circle the same as TM? ›

    This is usually the small, raised “TM” (shown as ™) or the small, raised “R” in a circle (shown as ®). TM can be used for any trademark whereas R can only be used by federally registered trademarks.

    What is the TM symbol in small letters? ›

    Trademark (™)

    The ™ symbol is to be used when claiming rights to a good without a trademark registration. It can offer common law trademark rights to the user of the symbol and is the correct symbol to use in the interim while waiting for your registered trademark application to be approved.

    What does the R mean in a brand logo? ›

    The R (®) symbol on a product indicates that it is a registered trademark. This means that the logo enjoys legal protection as per the Trademarks Act, 1999. Trademark registrations carry a validity of ten years with a possibility for an extension by following the renewal process.

    What is the symbol for a patent? ›

    A patent owner often will mark a product with the patent number, “patent”, or the abbreviation “pat” to notify others of their patent rights, but otherwise, there is no particular symbol used to identify a patent.

    What is the big R in a circle symbol? ›

    For example, in certain jurisdictions, the letter “R” enclosed in a circle (®) is used to denote a registered trademark. This registered trademark symbol may differ from the trademark symbol (™) used for unregistered or pending marks.

    What is the name with the R in a circle? ›

    Registered Trademark Symbol

    The Circle R (®) which means “registered trademark,” is used to show that the mark has been fully registered. For example, Nike has registered their name, the Swoosh logo, and the phrase “Just do it” for, among other things, shoes and sporting goods.

    What does R stand for circles? ›

    The radius of a circle is the length of the line segment from the center to a point on the circumference of the circle. It is generally abbreviated as 'r'. There can be infinite radii drawn in a circle and the length of all those radii will be the same. It is half of the diameter of the circle.

    What is the TM or R symbol? ›

    You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

    How to do r in circle symbol? ›

    To insert the registered trademark symbol, press Ctrl+Alt+R.

    What is the TM right symbol? ›

    TM stands for trademark. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that rights in the mark are claimed in connection with specific goods or services.

    What does the little TM symbol mean? ›

    TM stands for trademark. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that rights in the mark are claimed in connection with specific goods or services.

    What is the TM reserved symbol? ›

    The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol ® which is reserved for trademarks registered with an appropriate government agency.

    Is TM the R or C symbol? ›

    Be sure not to confuse the registered trademark symbol with the copyright symbol. The latter looks very similar but uses a C instead of an R inside the circle. In some jurisdictions, a circled P (for "phonogram") is used specifically with copyrighted audio.

    What is the difference between copyright, trademark, and registered? ›

    Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

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