TM vs ®: which symbol can you use?

You can use TM on a name, logo or slogan you claim as a brand, even if it is not registered. You may use ® only for a mark registered with the USPTO, and only for the goods or services listed in that registration. Using ® on a mark that is not registered misleads customers and can create legal risk.

What TM means

TM signals that you claim the mark as your brand. It does not depend on a filing. You can use it on a name you already use to sell goods or services, and you can use it while an application is pending.

A TM symbol does not add rights you would not otherwise have, and it does not stop anyone else from using a similar mark. It tells customers and competitors that you claim the mark as your brand.

Before you rely on a registration, read the registration record itself rather than a summary or a recollection of it. The record shows the exact mark and the exact goods or services it covers, and those details decide what the symbol may be used with.

What ® means

® means the mark is registered with the USPTO. Only the registered owner may use it, and only with the goods or services in the registration. A registration can cover some goods or services and not others, so putting ® on everything you sell can be wrong.

TM and ® compared

Names, logos and slogans

The two symbols apply to names, logos and slogans alike. A registration covers the mark as shown in the drawing filed with the application. A registration for a name in standard characters covers the words, not a logo design, and a registered logo does not protect a different design.

Common mistakes

• Placing ® on packaging or a website for a name that is only in an application.
• Using ® on a logo when only the word mark is registered.
• Copying the symbol from a competitor's site without checking their registration.
• Keeping ® on old material after a registration has changed or lapsed.

Keep a copy of the registration record with your brand files, so whoever edits the packaging or the website later has the facts in front of them.

Why misuse matters

Using ® on a mark you do not have registered can mislead customers and competitors. It can also be raised in a dispute, and an examiner can raise it on a later application. Correcting it after the fact is harder than getting the symbol right from the start.

A quick check before you use ®

• Find the registration on uspto.gov and read the registered mark exactly as it appears.
• Confirm that the goods or services in the registration match what you sell under the mark.
• If the application is still pending, use TM instead.

Review the symbol whenever the product line changes. A registration covers specific goods or services, so a new product can fall outside it even when the name stays the same.

If you are not sure which symbol applies, call or email us before you print anything. A short conversation costs less than a dispute over a label.

Related guides

• How to trademark a name
• How much does it cost to trademark a name?
• Register a trademark with a US attorney
• Do I need to trademark my business name?

This is general information, not legal advice.