You can use the "TM" (Trademark) symbol immediately when you begin using a mark for your goods, even if you have not yet filed an application to register your trademark with a government office like the United States Patent and Trademark Office (USPTO). Similarly, you can use "SM" (Service Mark) for services.
Understanding Trademark Symbols: TM, SM, and ®
The "TM" and "SM" symbols serve as an important public declaration, informing consumers and competitors that you are claiming ownership of a specific word, phrase, logo, or design as your trademark for certain goods or services. This claim helps to establish your common law rights based on usage.
Key Differences and When to Use Each Symbol
It's crucial to understand the distinction between "TM," "SM," and the registered trademark symbol "®."
- ™ (Trademark): Used for goods to indicate a claim of ownership, whether or not the mark has been registered.
- ℠ (Service Mark): Used for services to indicate a claim of ownership, whether or not the mark has been registered.
- ® (Registered Trademark): Can only be used once your trademark has been officially registered with the USPTO (or equivalent national authority). Using it without a valid registration can lead to legal penalties.
Practical Insights for Using TM and SM
Using the "TM" or "SM" symbol from the onset of your brand's existence offers several benefits:
- Public Notice: It immediately alerts others that you claim exclusive rights to the mark for your particular goods or services. This can deter potential infringers.
- Establishing Common Law Rights: While not as strong as federal registration, consistent use of "TM" or "SM" helps establish common law rights based on your actual use of the mark in commerce within your geographical area.
- Foundation for Future Registration: Early and consistent use can be valuable evidence when you eventually decide to pursue federal registration, demonstrating the date of your first use.
Example Scenarios:
- New Product Launch: If you're launching a new coffee blend called "Morning Glory" and selling it, you can label your bags as "Morning Glory™ Coffee" from day one.
- New Service Offering: If you start a consulting business named "Insight Architects," you can market your services as "Insight Architects℠ Consulting" right away.
Summary of Trademark Symbols
Here's a quick reference table for trademark symbols:
| Symbol | Meaning | When to Use It | Purpose |
|---|---|---|---|
| ™ (TM) | Trademark | For goods, even before filing a registration application. | Indicates a claim of ownership for specific goods. |
| ℠ (SM) | Service Mark | For services, even before filing a registration application. | Indicates a claim of ownership for specific services. |
| ® (R in a circle) | Registered Trademark | Only after your mark has been officially registered with the USPTO. | Signifies that the mark has federal legal protection and registered status. Avoid using it prematurely. |
For more detailed information on trademark symbols and registration, it's always recommended to consult official resources like the USPTO's Trademark Symbols page.
