Trademark Registration Symbols

A lot of clients call me to ask what the difference is between the three trademark symbols, namely, the ™ symbol, the ℠ symbol, and the ® symbol. Here's a brief explanation of when to appropriately use these symbols.

The ™ symbol (called the "trademark symbol") is used whenever you wish to claim trademark rights to a particular name that you're using in connection with the manufacture of goods or products. Use of this symbol is optional, and it does not require you to have any trademark applications or registrations for the trademark in question. I note, however, the use of the ™ does not give you any trademark rights that you don't already have.

The ℠ symbol (called the "service mark symbol") is used whenever you wish to claim service mark rights to a particular name that you're using in connection with the provision of services in the marketplace. Again, use of this symbol is optional, and there is no requirement that you have a trademark application or trademark registration for the name in question. Much like the ™ symbol, the ℠ symbol also does not give you any trademark or service mark rights that you don't already have.

Finally, the ® symbol (called the "trademark registration symbol") is used whenever you have acquired a federal trademark registration for your name or logo. Under federal law, you may not use this symbol unless you have a federal trademark registration. Like the other two trademark and service mark symbols, use of the trademark registration symbol is optional.

About the author:
Xavier Morales is the owner of the Law Office of Xavier Morales, http://www.SecureYourTrademark.com focusing on Trademark Registration and domain name disputes. He can be reached at 1-866-618-2517 or by email: xm@secureyourtrademark.com