Choosing to use a trademark symbol is a step in the right direction when starting a new business. You probably have seen other business names and logos followed by TM or ® symbol, and want to know when you can use each.
There are differences between the TM and ® symbol (no, they are not interchangeable) that may lead to legal consequences. Regardless of which symbol you use, consult a trademark attorney to get advice on how to protect your company name/logo and to see if your mark qualifies for registration with the USPTO (the United States Patent and Trademark Office).
Use the right trademark symbol with your brand.
The ® Trademark Symbol
We reserve the ® symbol for trademarks registered with the USPTO. The use of this symbol is prohibited by law unless you registered your mark with the USPTO. So you should only use the ® symbol if you have successfully registered your trademark, and not before.
Registering your mark comes with many benefits, which include helping consumers identify your services and goods and giving them the comfort of knowing they are getting the quality your company promises. It also helps avoid confusion with other marks.
Registering your mark also gives you priority over companies because the law prohibits them from using or registering that name or logo for their purposes. Registration also comes with the presumption that the entire nation is on notice that you are using that mark. This allows you to stop others from using the mark and potentially recover from companies that continue to use your name after you have told them to stop. This also means you will appear in searches letting that new business know that the name or logo has been taken and they have to go back to the drawing board.
The ™ Trademark Symbol
The ™ symbol is your only option if you do not want to undergo the registration process. It has no legal meaning and is mostly used by companies that plan to register their name/logo with the USPTO. However, you can use the symbol whether you plan to register or not. Using the TM symbol then would best serve you by alerting others of your intent to use the mark, and you may use it if your mark would not exactly qualify for registration.
The ™ symbol provides your name or logo with less legal protection. This is because someone may already be using that name, and without a proper trademark search, you would not have known about them. Also, if a company decides to register the same name or logo and is successful, then you might have to change your name!
To think all your efforts in building up your business’s name will go to waste because you failed to register before the other guy. Don’t be that person and protect your brand, reputation, and the loyalty you have built with your customers.
