Using Trademark Symbols: TM vs. ®

Trademarks include words, names, symbols, sounds, or colors that distinguish goods and services.

Proper Use of Symbols:

You can use the symbols TM (trademark) or SM (service mark) to indicate that you claim rights to the marks without having federal registration.

The federal registration symbol ® can only be used after the mark is actually registered with the United States Patent and Trademark Office (USPTO).

Benefits of Registration:

Federal registration of a trademark heightens the protection a trademark receives, deters others from using your trademark, and increases the remedies should someone infringe upon your trademark.

Federal Trademark registration provides the owner with a number of exclusive rights, including the prevention of unauthorized use and the exclusive right to use the mark in connection with the products or services for which it is registered. Federal registration also provides greater deterrence by alerting others to your trademark registration and preventing the defense of innocent infringement.

Remedies:

Trademark registration (1) grants the trademark owner the right to recover up to triple damages and attorney's fees from a trademark infringer; (2) The owner of a trademark registration receives the presumption of being the valid owner of the trademark; (3) it increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and (4) The owner of a trademark registration has an automatic right to sue in federal court.