Trademark symbols
TM vs ®: which trademark symbol can you use, and when?
The symbol next to your brand is a legal statement. Using the wrong one can hurt your application, and leaving one off can cost you damages later.
By Bill, Business Growth Expert · Verified and checked against USPTO guidance and 15 U.S.C. §1111, 15 Oct 2026
Short answer
Anyone using a brand can put ™ (goods) or ℠ (services) next to it, with no filing needed. The ® symbol is only for marks the USPTO has registered, and only for the goods or services in that registration. While your application is pending, keep using ™ and switch to ® once registration is issued.
What do ™, ℠ and ® actually mean?
Trademark
Who can use it: anyone claiming a brand for goods.
When: any time you use the mark, filed or not.
Service mark
Who can use it: anyone claiming a brand for services.
When: any time you use the mark, filed or not.
Registered
Who can use it: only the owner of a USPTO registration.
When: only after the registration is issued.
Which symbol can I use today?
Pick where your mark stands with the USPTO.
Use ™ (or ℠ for services). You can use it from the day you start trading under the name.
Can I use ® while my application is pending?
No. A pending application isn't a registration, and the USPTO says the ® symbol is for registered marks only. We tell our clients to plan for roughly 10 to 14 months from filing to registration, and to keep using ™ for that whole period. Switch to ® once the registration certificate is issued.
What happens if I use ® without a registration?
Using ® on an unregistered mark is improper use of the registration notice. If the USPTO finds it was meant to mislead, it can refuse your application. It can also give a competitor grounds to challenge you for false advertising.
The same applies to using ® on products the registration doesn't cover. A registration for clothing doesn't let you put ® on a candle line sold under the same name.
Do I have to use ® once my mark is registered?
It isn't mandatory, but it matters. Under 15 U.S.C. §1111, if you don't display the registration notice, you generally can't recover profits or damages from an infringer unless they actually knew your mark was registered. The symbol works as constant, public notice.
Where should the symbol go?
- Placement: the USPTO says you may put it anywhere around the mark; most brands use a small superscript to the right.
- Frequency: the first or most prominent use on a page, label or package is usually enough.
- Scope: only with the goods or services listed in the registration.
- State registrations: a state registration doesn't entitle you to ®, which signals federal registration.
If you haven't filed yet, our trademark registration service starts every application with a Comprehensive Direct Conflict Search, so you know whether the name is likely to reach ® before you build on it. You can also read how common-law trademark rights work in the meantime.
Symbol questions we get asked
Is ℠ different from ™?
Yes, slightly. ™ is used with goods and ℠ with services, such as a consulting firm or a salon. Neither needs a filing, and neither means the mark is registered.
Does using ™ give me legal protection?
Using a mark in business can create common-law rights in the area where you trade, and ™ tells others you claim it. Those rights are narrower than a federal registration and harder to enforce.
Can I use ® in other countries with my U.S. registration?
Rules differ by country. A U.S. registration only covers the United States, and some countries treat ® on an unregistered mark as an offence, so check before using it abroad.
Do I have to put ® next to every mention of my brand?
No. Most brands use it on the first or most prominent mention on a page, a label or a package. What matters is that the notice is clearly visible where the mark is used.
Sources
- USPTO: What is a trademark? (using TM, SM and ®), checked 15 Oct 2026
- 15 U.S.C. §1111: Notice of registration
- TMEP §906: Federal registration notice
Secure Mark USA is a trademark filing service, not a law firm. This article is general information, not legal advice.
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