® or ™? Which trademark symbol should I use and when?

(This advice is for the United States only, other countries have different rules and regulations regarding the use of ® and ™.)

Are you confused about when to use the Trademark ™ vs Registered ® symbols? Most people think you can use them interchangeably, but they both have very specific uses!

Using the ™ Trademark Symbol

The ™ symbol is often used by companies and individuals who want to identify their product or service with a specific name, phrase, word, or logo when it hasn’t been officially trademarked yet. Since you don’t have to register a trademark to use the symbol, a lot of companies use the ™ symbol until they have a registered trademark through the US Patent and Trademark Office (USPTO) to show it is proprietary to you. While your application is being processed it is a good practice to use the ™ symbol to alert other companies that are considering using your name, phrase, or a similar logo to find another option. If you choose to use the ™ symbol without planning to register the mark, you have no legal standing without it being registered.

Using the ® Registered Trademark Symbol

The ® symbol shows that you have successfully registered your name, phrase, word, or logo as a registered trademark with the USPTO. You cannot use the ® symbol until you have received a federal registration of your mark, until that time you should still be using the ™ symbol. Once your name, phrase, word, or logo are registered you can start adding the ® symbol in the upper right hand corner or lower right hand corner of your mark.

What are the benefits of having a Registered Trademark ® ?

You are legally protected in case anyone infringes on the use of your name, phrase, word, or logo
The ® symbol shows that you are registered with the USPTO and makes you look more trustworthy
Trademarks protect consumers from being misled into buying a product that isn’t made by the expected manufacturer
Trademarks protect your brand so it isn’t confused with other labels