Trademark Symbol: Meaning, Use, and Protection

26 April 2025

10 7 minutes read

Learn how trademark symbol like ™, ®, ℠, and © protect brands, boost trust, and ensure legal rights. Discover their meaning, use, and legal impact.

Table of Contents

Trademark symbol are visual indicators used to show ownership of a brand’s name, logo, slogan, or other identifying features. They play a crucial role in distinguishing a business’s brand assets from others and signal that a company is asserting its rights under intellectual property laws. These symbols not only help businesses establish their identity in the marketplace but also act as a warning to others that certain words, images, or phrases are protected and should not be used without permission.

Examples of Common Symbols:

TM Symbol (™): Used for an unregistered trademark—a brand or logo a business claims as its own, even if not officially registered.
R Symbol (®): Stands for a registered trademark—a brand that has been officially registered with the trademark office and carries legal protections.
SM Symbol (℠): Represents a service mark, typically used for services rather than physical products.
Copyright Symbol (©): While not a trademark, it signifies ownership of creative works like books, music, or artwork.

Importance in Brand Protection and IP Law

Using trademark symbols is a simple yet powerful way to safeguard your brand identity. They make it clear that a business takes its brand assets seriously and is prepared to protect them through legal channels if needed.

Trademark symbols:

Strengthen your brand’s presence and trustworthiness
Help enforce trademark rights against infringers
Support claims in legal disputes regarding brand misuse
Offer evidence of intent to protect your intellectual property

Trademark law is the legal framework that governs the use and protection of these symbols. By marking your assets with ™ or ®, you’re taking an essential step in ensuring legal protection and brand exclusivity in a competitive market.

Understanding Intellectual Property Symbols

What is a Trademark?

A trademark is any word, phrase, symbol, design, or a combination of these that helps identify and distinguish the source of goods or services from others in the marketplace.

Think of it as your brand’s fingerprint—it helps customers recognize your products and services and builds trust.

What Can Be Trademarked?

Brand Name: e.g., Coca-Cola
Logo: e.g., Apple’s apple logo
Slogan: e.g., Nike’s ‘Just Do It’
Sound Marks: e.g., Intel’s chime
Color Marks: e.g., Tiffany & Co.’s blue

A trademark gives you the exclusive right to use these identifiers in your industry and prevents competitors from copying or imitating your brand.

Trademark vs. Logo: Key Differences Explained

While a logo is a visual element that represents a brand, a trademark is a legal concept that can include the logo, along with other assets like names, slogans, sounds, or even colors.

Key Differences:

Trademark: A legal tool used to protect brand identifiers (names, slogans, logos, etc.).
Logo: A graphic design that visually represents a brand. It can be trademarked, but isn’t automatically protected unless registered.

Example: The Nike ‘swoosh’ is a logo. When registered as a trademark, it gains legal protection under trademark law.

Differences Between ™, ®, ℠, and © Symbols

Here’s a quick comparison of the most common intellectual property symbols and what they mean:

Symbol	Meaning	Usage Conditions	Legal Protection
™	Trademark (Unregistered)	Can be used without registration to claim brand ownership.	No formal legal protection without registration.
®	Registered Trademark	Only after registration with a government trademark office.	Full protection under trademark law.
℠	Service Mark (Unregistered)	Used to claim rights for service-related branding (not goods).	Some protection, especially if registered.
©	Copyright	For creative works (e.g., books, music, videos, art).	Protected automatically upon creation.

Trademark vs. Copyright: How They Differ

Understanding the difference between a trademark and a copyright helps you protect different aspects of your brand.

Aspect	Trademark	Copyright
What it protects	Brand identifiers: name, logo, slogan, sound, etc.	Creative works: books, music, videos, software, etc.
Purpose	Prevents brand confusion and misuse	Protects original expressions of ideas
Example	Nike’s swoosh logo and ‘Just Do It’ slogan	A Nike commercial or product design video

Types of Trademark Symbols and Their Meanings

TM (™) Symbol: Meaning and Usage

The ™ symbol stands for “trademark” and is used to indicate that a word, logo, slogan, or design is being claimed as a trademark, even if it’s not registered with any government agency.

What the TM Symbol Means:

It shows you’re claiming ownership of a brand identifier.
You can use it without any official registration.
It’s a public notice to others that you consider your mark as a protected brand asset.

When to Use the TM Symbol:

As soon as you start using your mark in commerce (e.g., on your products, packaging, or website).
If you’re planning to register your trademark but want to start building protection.
To deter misuse and let competitors know you’re asserting rights over your brand.

Anyone can use the ™ symbol without waiting for approval or registration.

Registered Trademark (®) Symbol: Legal Significance

The ® symbol represents a registered trademark. It can only be used after your trademark is officially registered through the trademark registration process with a recognized trademark authority, such as the USPTO (United States Patent and Trademark Office) or the EUIPO (European Union Intellectual Property Office).

What the ® Symbol Means:

The mark is legally protected under national or international trademark law.
Only the owner of a registered mark is allowed to use the ® symbol.

Benefits of Using the ® Symbol:

Legal Protection: Stronger legal standing in trademark infringement cases.
Exclusive Rights: You gain exclusive usage rights within your market category.
Brand Authority: Adds credibility to your business and builds consumer trust.
Deters Imitation: Signals legal ownership, discouraging copycats.

Service Mark (℠): When and Why to Use It

The ℠ symbol, short for service mark, is like the ™ symbol—but specifically used for services, not products.

What the ℠ Symbol Means:

Indicates that you claim trademark rights for a service-based business.
No registration is required to use it, just like ™.

When to Use the ℠ Symbol:

If you run a consulting firm, law office, hospitality service, or media company, for example.
To show that you are branding a service offering, not a physical product.
While your service mark is pending registration or if you choose not to register.

While ℠ is rarely used compared to ™, it’s a useful tool for service-oriented brands that want to protect their reputation. These symbols are everywhere—they help maintain the legal identity and value of a brand across industries and markets.

How to Use Trademark Symbols Correctly

Guidelines for Using ™, ®, ℠, and © Symbols

Using trademark and copyright symbols correctly is important for maintaining brand protection and avoiding legal misuse. Below are the best practices for when and how to use each symbol:

TM Symbol (™):

When to Use:
- If your trademark is not registered but you want to claim rights.

At the beginning stages of using a name, logo, or slogan in commerce.

Who Can Use It:
- Anyone using a mark in business, no formal approval needed.
Common Mistake:
Using it for creative works like music or books (use © instead).

Registered Trademark Symbol (®):

When to Use:
- Only after the mark is officially registered with a trademark office (e.g., USPTO).

Legal Note:
- Misusing the ® symbol on unregistered marks is illegal and may result in fines.

Where to Use It:
- On logos, packaging, websites, product tags, etc., after registration.

Common Mistake:
- Assuming trademark application or ‘pending’ status allows use of ®—it does not.

Service Mark Symbol (℠):

When to Use:
- For service-based businesses (e.g., legal, hospitality, consulting).
- When offering a service, not a physical product.

Who Can Use It:
- Anyone claiming ownership of a service name without registration.

Common Mistake:
- ○ Using ℠ for products—use ™ or ® instead.

Copyright Symbol (©):

When to Use:
- For original creative works like writing, music, videos, and artwork.
Components:
- The symbol is often followed by the year and creator’s name (e.g., © 2025 Jane Doe).
Common Mistake:
- Using © on brand names or slogans (use ™ or ® for those).

Registering and Protecting Your Trademark

Steps to Register a Trademark and Use the ® Symbol

Registering your trademark grants legal rights and allows you to use the ® symbol. Here’s how to do it:

Step-by-Step Trademark Registration Process

The trademark registration process involves several steps to ensure your mark is unique, legally protected, and properly registered with the relevant trademark authority.

1. Search for Existing Trademarks

Use your country’s trademark registry (e.g., IP India, USPTO) to ensure your mark is unique and not already in use.

2. Prepare Required Documents

Business name and address
Trademark logo or wordmark
Description of goods/services
Power of Attorney (if filing through an agent)

These are the essential documents required for trademark registration to ensure a smooth application process.

3. Submit the Application

File online via official portals like IP India or WIPO (for international trademarks under the Madrid Protocol).
Pay the prescribed fee.

4. Application Examination

The trademark office reviews for conflicts or errors.
If objections arise, you may need to respond or attend a hearing.

5. Publication in Trademark Journal

If accepted, your mark is published to allow opposition by third parties (usually a 3–4 month period).

6. Registration & Certificate Issued

If no opposition (or if you win the dispute), your mark is officially registered, and you may start using the ® symbol.

Typical Timeline:

India: 6–18 months (varies based on objections/oppositions)
Global (Madrid Protocol): 12–18 months depending on countries selected

Legal Consequences of Incorrect Use of Symbols

Misusing IP symbols—especially ®—can damage your reputation and invite legal trouble.

Risks of Incorrect Use:

Using ® Without Registration
- In most countries (including India and the U.S.), using the ® symbol without registration is illegal.
- Penalties may include fines, legal sanctions, and rejection of applications.
Deceptive Practices
- Improper symbol usage may be seen as misleading consumers, affecting brand credibility.
Loss of Trust
- Businesses or partners may view incorrect usage as a red flag for compliance issues.

Best Practice:

Only use the ™ or ℠ symbols while your application is pending or if you’re not registered.
Use ® only after official registration.

FAQs

What does the TM symbol (™) mean?

The ™ symbol stands for an unregistered trademark, meaning a business is claiming ownership of a name, logo, or slogan even though it hasn’t been officially registered with a trademark office. It is commonly used by startups or businesses awaiting registration. While it shows intent to protect the brand, it does not provide any legal protection until the trademark is formally registered.

How do I know if a trademark is registered or unregistered?

The registration status of a trademark is typically indicated by the symbol used next to it. The ™ symbol represents an unregistered trademark, suggesting the owner claims rights but hasn't completed registration. The ® symbol indicates the trademark is officially registered with a trademark office, granting it legal protection.

Can I use the ® symbol before my trademark is registered?

No, the ® symbol can only be used once a trademark is officially registered. Using it before registration is not just incorrect—it is legally prohibited and can lead to penalties or fines. Until your application is approved, you should use the ™ symbol to indicate ownership.

When should I use the ™ symbol (™)?

You should use the ™ symbol when you begin using your brand or logo and want to publicly claim rights to it, especially if you're in the process of applying for registration or if you're not planning to register right away. It signals your intent to protect the mark even though it hasn’t yet received legal recognition.

Trademark symbols can be inserted using keyboard shortcuts or through word processors. On Windows, ™ is Alt+0153, ® is Alt+0174, ℠ is Alt+8490, and © is Alt+0169. On Mac, use Option+2 for ™, Option+R for ®, Option+S for ℠, and Option+G for ©. In Microsoft Word, go to Insert → Symbol to add any of these.

What’s the HTML entity code for the trademark symbol?

In HTML, you can use specific entity codes to display trademark symbols. The trademark symbol (™) is ™, the registered symbol (®) is ®, and the copyright symbol (©) is ©. While &sm; is sometimes used for the service mark (℠), it is not a standard entity and may not render consistently across all browsers.

Can I add a trademark symbol directly in my logo design?

Yes, you can add a trademark symbol to your logo, but you must ensure it reflects your actual trademark status. Use ™ for unregistered marks and ® only if the mark has been officially registered. The symbol should be placed clearly and proportionally without distorting the overall logo design.

What does Trademark Symbol with Apostrophe mean and how is it used?

The phrase 'Trademark Symbol with Apostrophe' typically refers to the use of the ™ symbol in marketing content, often appearing near brand names or slogans. It’s a stylistic way to assert brand ownership without formal registration and is especially common in advertising or promotional materials.

Is it mandatory to use trademark symbols once a mark is registered?

Using the ® symbol is not legally required after a trademark is registered, but it is highly recommended. It puts the public on notice of your legal rights and helps deter infringement. Failing to use it doesn’t affect your rights, but it may weaken enforcement if others claim they were unaware of your registration.

Does using the ™ symbol offer any legal protection in India?

No, the ™ symbol does not offer any formal legal protection in India. It simply signifies that you claim rights over a mark. Legal enforcement and protection only come after the mark is officially registered with the Indian Trademark Office under applicable intellectual property laws.

Can a trademark symbol be used in domain names or URLs?

Yes, trademark symbols can be included in domain names or URLs, though it's not very common and may be technically challenging due to character limitations in some registrars. If using the ® symbol, make sure your trademark is officially registered to avoid misuse or legal complications.

How do I update my logo or branding to include a trademark symbol?

To update your logo with a trademark symbol, first confirm your trademark status. If it’s registered, use the ® symbol; otherwise, use ™. Then, add the symbol next to your logo or brand name in a visible but balanced way, and update all branding assets, including packaging, website, and social media.

Are there font or style restrictions for trademark symbols in branding?

There are no specific font or style requirements for trademark symbols, but it’s best to keep them legible and consistent with the rest of your branding. The symbol should be easy to read and not overpower or clutter the logo or design it accompanies.

What’s the difference between using a symbol and writing TM or Registered?

Using the trademark symbols (™ or ®) is more universally recognized and visually distinct than writing out 'TM' or 'Registered.' Symbols are preferred in professional branding and legal contexts because they clearly indicate trademark claims, whereas text versions may appear informal or unclear.