Proper Use of Trademark Symbols – Which Symbol Should I Use to Designate My Trademark?

Two symbols are commonly used to designate trademarks:  ® and ™.  The ® symbol may be used only after a federal trademark registration has been obtained; it may not be used while a trademark application is pending.  In addition, the ® symbol may only be used in connection with the goods/services listed on the registration certificate.

The ™ symbol may be used to designate any mark considered to be a trademark.  The owner of the mark does not need to file any paperwork or receive permission to use the ™ symbol.  

The appropriate symbol is usually placed to the upper right of the word, logo or other mark. For example, Bourget Law designates its federally registered mark — IntellectualGems — as IntellectualGems®. 

Appropriately designating your mark with the ® or ™ symbol provides notice of your trademark and enables your competitors and the general public to respect your intellectual property.