Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide
Short answer: You can use ™ (or ℠ for services) on any name or logo you are using as a brand, with no registration required. You can only use ® after the USPTO has actually registered your trademark. Using ® on an unregistered mark is improper and can hurt you if you ever need to enforce your rights.
What does the ™ symbol mean?
™ tells the public you claim the name, logo, or slogan as your trademark. It has no legal requirements behind it — no filing, no fee, and no approval. You can use it while your application is pending, or even if you never file. It does not by itself give you nationwide rights, but it puts competitors on notice that you consider the mark yours.
What does ℠ mean?
℠ means service mark. It works exactly like ™ but is used for services rather than physical goods — a law firm, a restaurant, a consulting business. In practice many service businesses just use ™, and that is fine. See trademark vs. service mark for the difference.
When can I use the ® symbol?
Only after the USPTO issues a federal registration certificate for that mark, and only for the goods or services listed in the registration. A pending application is not enough. A Minnesota state registration is not enough either — ® is reserved for federal registrations.
- Application filed: use ™ or ℠
- Application approved for publication: still ™ or ℠
- Registration certificate issued: you can now use ®
- Registration cancelled or expired: go back to ™ or stop using it
What happens if I use ® before my trademark is registered?
Federal law prohibits using ® on a mark that is not federally registered. If it is done intentionally to mislead, it can be raised against you in a dispute, can make it harder to enforce your rights, and in some cases can support a refusal or cancellation. If you have been using ® by mistake, switch to ™ now and update packaging and your website as you reorder.
Why use the ® symbol at all?
Once you are registered, using ® gives the public legal notice of your registration. That notice matters: in an infringement case, your ability to recover the infringer’s profits and your damages can depend on whether you gave notice with ® or the infringer actually knew about your registration.
Where should the symbol go?
Usually in the upper right corner of the mark, but lower right or immediately after the word is fine. You do not need it on every mention. Common practice is to use it on the first or most prominent use on a page, on packaging, and on your logo.
Ready to earn the ®? We handle federal trademark application filing for a flat fee, and we will tell you when your registration issues so you can make the switch.
Frequently asked questions
Do I need to register a trademark to use ™?
No. Anyone can use ™ on a name, logo, or slogan they are using as a brand. No filing or approval is required.
Can I use ® while my trademark application is pending?
No. The ® symbol is only for marks that have actually been registered by the USPTO. While your application is pending, use ™ or ℠.
Can I use ® if my trademark is registered with the State of Minnesota?
No. The ® symbol is reserved for federal registrations. With a state registration only, use ™ or ℠.
Do I have to use the ® symbol after registration?
It is not required, but it is strongly recommended. Using ® gives legal notice of your registration, which can affect what you can recover in an infringement case.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.