™ or ®: which one you’ve earned
Anyone can use ™. The ® has to be earned, and using it too soon can cost you the application.
The two symbols look like decoration. They aren’t. Each one tells the world something about your brand, and only one of them is yours to use from day one.
™ means you claim it
Put ™ after a name, logo or slogan you use to sell goods. (For services, some people use ℠, but ™ is fine.) It tells competitors you see the name as your brand. You don’t need to file anything to use it.
® means the government registered it
The ® is reserved for marks registered with the U.S. Patent and Trademark Office. Not filed. Not pending. Registered, with a certificate.
Using ® on a mark that isn’t registered can be treated as a false claim, and it can be raised against your application or used against you in a dispute.
What to do now
- Use ™ on your labels and site from launch.
- Switch to ® only after the registration certificate arrives.
- Use ® only for the goods and services the registration lists.
- Keep a dated record of when you first sold under the name.
If you’re not sure which applies, send us a photo of the label on a call. It takes a minute to answer.