Using the correct trademark symbols is vital for several reasons. First, proper use of trademark symbols can help establish and protect your trademark rights. Second, it can be important in legal disputes over the ownership and use of a trademark. Third, because trademarks are key to brand recognition, consistent and correct use of trademark symbols reinforces brand identity and helps consumers distinguish your products or services from competitors. Finally, using the ™ or ® symbol can deter others from attempting to use your trademark or a similar mark, reducing the risk of infringement.
Knowing when and how to use these trademark symbols correctly can help businesses protect their intellectual property effectively.
The ™ Symbol
The ™ symbol stands for “trademark.” It indicates that a word, phrase, logo, or other mark is being claimed as a trademark by a company or individual. However, it indicates that the mark is claiming common law rights in the mark, not that it is registered.
The ™ symbol can be used by anyone who wants to claim rights to a trademark, particularly when they haven’t registered it with the USPTO. It provides a form of informal protection, signaling to others that the user considers the mark to be their trademark. This can deter others from using a similar mark and can be helpful in legal disputes over trademark rights. Businesses often use the ™ symbol from the moment they start using a mark in commerce, indicating their intention to establish trademark rights.
The shortcut key to type the ™ symbol on Windows, click CTRL-ALT-T. On Mac, click Option-2. On mobile, the symbol is included with the emojis.
The ® Symbol
The ® symbol stands for “registered trademark.” It indicates that a trademark has been officially registered with the USPTO.
The ® symbol can only be used once the mark has been officially registered. Using this symbol before registration is complete can lead to legal penalties. Registration provides stronger legal protection and exclusive rights to use the mark in connection with the goods or services listed in the registration. The ® symbol serves as public notice that the mark is legally protected, making it easier to enforce trademark rights and prevent unauthorized use.
The shortcut key to type the ® symbol on Windows, click CTRL-ALT-R. On Mac, click Option-r. You can find the ® symbol with the emojis on a mobile device.
Understanding and correctly using the ™ and ® symbols is essential for anyone looking to protect their brand. The ™ symbol is used for unregistered trademarks to claim common law rights, while the ® symbol is reserved for marks that have been officially registered. By using these symbols appropriately, businesses can safeguard their intellectual property, enhance their brand’s legal protection, and reinforce their brand identity in the marketplace.