You see them on every major brand — the ™ next to a startup’s new logo and the ® after an established brand’s name. But most business owners don’t know which one they should be using, or what using the wrong one could cost them. This guide clears it up in plain language.
The TM symbol is a common law notice. It tells the public: “I consider this name, logo, or slogan to be my trademark.” Using ™ doesn’t require any registration, filing, or government approval — you simply start using it with your mark.
Common law trademark rights do exist in the United States without registration. If you’ve been using a mark in commerce continuously in a specific geographic area, you have some legal basis to claim it as yours. The ™ symbol signals that claim.
Limitations of ™ without federal registration:
The ® symbol means your trademark is federally registered with the USPTO. It’s a powerful signal to competitors, partners, and customers that your brand is legally protected nationwide.
Benefits that come exclusively with the ® designation:
No. This is one of the most common and costly mistakes businesses make. Using the ® symbol before your trademark is officially registered is a violation of 15 U.S.C. § 1111 and can:
The timeline matters: after you file your application, you remain in ™ status until you receive your Certificate of Registration. Only then can you switch to ®. The average USPTO examination process takes 8–14 months.
There’s a third symbol you’ll occasionally see: ℠ (Service Mark). This functions identically to ™ but is specifically for service businesses rather than product sellers. It’s an unregistered claim on a service mark. Once federally registered, both product and service marks use ®.
There are no hard legal rules about where to place ™ or ® relative to your mark, but best practices are:
Yes. The ™ symbol requires no registration — only that you’re using (or intending to use) the mark in commerce as a brand identifier. You can apply ™ the day you launch your brand.
Using ® falsely is a violation of federal law and can result in losing your right to statutory damages in any trademark lawsuit you bring. Courts have also treated it as evidence of fraud in opposition proceedings. The practical cost is that it can severely weaken your legal position when you most need protection.
No. Common law trademark rights arise from actual commercial use of a mark, regardless of whether you display ™. The symbol is a notice to others — not what creates the right. However, consistently displaying the appropriate symbol puts the public on notice and strengthens your position in any dispute.
Only after you receive your official Certificate of Registration from the USPTO. The certificate is typically issued 1–2 months after your mark clears the 30-day opposition publication window. The full timeline from filing to ® eligibility is usually 10–16 months for an uncontested application.
It provides common law rights in the geographic area where you use the mark, but these are significantly weaker than federal registration. Without registration, you can’t sue in federal court under the Lanham Act, you don’t have national priority, and you bear a heavier burden of proof in any dispute. Federal registration converts those limited rights into nationwide, legally presumed ownership.
Use ™ from day one — it costs nothing and signals your brand intent. File for federal registration as early as possible. Once registered, switch to ® and maintain it consistently on all commercial materials. That combination gives your brand the strongest possible legal foundation.
Start with a free trademark search to see if your mark is available, or learn more about our flat-fee registration service.