The TM symbol is used for common law marks that represent goods or services that are not federally registered with the USPTO, including marks whose registration is pending. The ™ symbol, and the word “trademark,” is interpreted as broadly covering both product marks and service marks. So the in the case of unregistered marks, the ™ symbol always is correct. | The SM symbol is used for common law trademarks that represent services. This symbol is less common (in part because the designation ™ is broader and more recognized), and should be used in a manner similar to the TM symbol. | The ® symbol is used for marks registered with the USPTO. This symbol can only be used once federal registration is granted (applying for a trademark isn’t enough), and can only be used in connection with goods and services listed in the federal registration. |
A Note on Registration While you will receive common law protection without federally registering your trademark, registration carries multiple benefits including enhanced rights and evidentiary benefits at trial. You can learn more about registering your trademark at www.uspto.gov. |
Print Materials – If the print materials consist of 1–2 pages, designation in the first instance of the mark is sufficient. For longer materials, it is recommended (but not a hard and fast rule) that the designation be used at least once per page in which the mark appears. A good way to achieve this is to place the designation anywhere there is a static representation of the mark that is duplicated on each page, such as in a header or footer. |
Electronic Materials – Use the designation at least once per web page in which the mark is used. Placing the designation in any static representation that is repeated on every page is also a good idea. |
Social Media – The guidelines for marks appearing on social media can be more relaxed. Most companies only use the designation in their username/bio portion of a social media account, while some companies do not use the designation at all. The majority of companies will not use the designation following their mark in every blog post, status, or tweet, although some may try to do so in an effort to fight against their mark from being considered generic. |