What is trademark symbol

Both TM and SM symbols serve the same purpose: providing notice that a owner considers a particular mark to be proprietary. When a mark is used in connection with services, the mark is technically called a service mark.

So the SM symbol can be applied to for marks for services while the TM symbol can be applied marks for goods. Filing a trademark application alone does not entitle you to use the circle R symbol.

If you are launching new products under a new mark and need to file a Statement of Use for an Intent-To-Use application , make sure the mark shown on the product or packaging omits the circle R symbol. If a trademark applicant is interested in protecting the proprietary color scheme of the logo, the application must reflect the designated colors.

Remember, a trademark is a branding tool that when attached to a good or service, identifies the source-company, which sells the good or service.

Common trademarks include names, logos, phrases and even sounds. However, if the prospective trademark is not actually used in conjunction with a sale, these clever branding items are not bona fide trademarks and are not subject to trademark protection.

TM: The TM stands for Trademark and may be used when the prospective mark is tethered to a good books, clothing, rugs etc. Indeed, the TM makes absolutely no claim to the registration status of the mark with the USPTO but still serves the important purpose of notifying competitors that the mark is at least used in consideration with the desired goods. Critically, use of the TM does not by any stretch of the imagination confer trademark rights and cannot guarantee that the mark will be protected under trademark law.

SM: The SM stands for Service Mark and may be used when the prospective mark is tethered to a service accounting, bookkeeping, legal services, personal training services etc. Similar to the TM symbol, an individual need not actually have a registered trademark with the USPTO in order to put the SM symbol adjacent to the mark and yet the SM still carries the very important symbolic meaning of, Use-in Commerce, with the designated service.

In most other countries, the TM covers both goods and services , rendering the SM symbol rather redundant. Service marks are marks that represent services. For example, I own Gerben Perrott. I offer legal services, and I would use the SM service mark. But if you are offering a service and wish to claim rights in your trademark, the SM mark is the technically correct symbol for your situation. Ultimately, the most important thing you can take away from this video is that you cannot use a circled R symbol until you get a federal trademark registration.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services. Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect.

Read more about strong trademarks. You become a trademark owner as soon as you start using your trademark with your goods or services.