Key Takeaways

  • Trademark citation in scholarly and legal documents varies by format (e.g., APA, MLA).
  • APA recommends using standard citation formatting and stating that a name is a trademark in-text.
  • Trademark symbols (™, ℠, ®) serve different purposes and depend on registration status.
  • Only registered trademarks should use the ® symbol, and only in connection with registered goods/services.
  • TM and SM symbols should appear at first or most prominent use—avoid overuse for professionalism.
  • Citations may include trademark owner, trademark name, registration status, and date.
  • Proper formatting of symbols and font (superscript, capitalization, italics) improves clarity and visibility.

Citing a registered trademark is done by including the year of issuing the patent, the name(s) of the inventor(s), and the title of the patent.

When and How Do I Have to Use Trademark Symbols?

The three most used trademark symbols are the letter R in a circle ® (Registration Symbol), Service Mark (SM), and trademark (TM). The SM and TM symbols are used for unregistered marks. The SM symbol is used for marks that represent services. The TM symbol is used for marks that represent goods. The registration symbol is used for marks that have been registered with the U.S. Patent and Trademark Office (USPTO).

Using the SM and TM symbols notifies the public that the product or service is branded and should not be duplicated by another party looking to mark a similar or the same product or service. Remember, there's no legal requirement to use the SM or TM symbols, but using one will help protect your investment. Consider the fact that even accidental trademark infringement is known to disrupt the free trade of services and goods.

Federal law regulates the use of the registration symbol. The registered mark may only be on goods and services that are listed in the registration. The failure to properly register the product or service may leave you at risk for financial liability. You may lose the right to recoup money damages and lost profits if you're not able to prove that the mark was registered to you prior to the breach.

The applicable symbol should be placed in the upper right corner of the marked item and appear in superscript. However, it may be placed in the lower right corner if it appears unpractical or visually displeasing in the upper right. No symbols should be placed to the left, below, or above the mark. The placement isn't dictated by law, but a general adherence to the standard protocol is advisable.

Promotional materials, press releases, articles, and other written documents should use the SM or TM symbol with the most prominent placement of the mark or with the first instance of the mark. SM and TM should only be used on unregistered marks. For example, marks that are currently in a pending application status with the USPTO. Use SM for marks that represent services and TM for marks that represent goods. In cases where the mark is covered by both services and products, the TM symbol is advisable. Remember, the registration symbol should only be used on federally registered marks. Registering with the state doesn't qualify.

The symbol shouldn't be overused in written documents. It may cheapen the appearance of the item being marked without adding any additional legal protection. One single visible mark is preferable, usually on the most prominent display of the mark or on its first instance.

Using a Registered Trademark

The use of someone else's registered trademark doesn't require you to use quotation marks. However, you should indicate that the mark is a trademarked item and not the result of your own work. Most trademarks are identified by the letter R in circle. On a PC, simply press "Alt" along with 0174. Remember, you should never use a trademarked item in a way to suggest to a reasonable person that you're the rightful owner of the marked item.

Capitalization

There are instances in scholarly writing where you're not required to add the trademark. The reason is that publishers always capitalize the first letter of the marked name. Therefore, it's thought to be repetitive to include the TM symbol as well.

How to Cite a Trademark in APA and Other Formats

When learning how to cite a trademark in academic or legal writing, it’s important to follow style-specific guidelines. Here's how different citation formats treat trademarks:

APA Style (7th Edition):

  • APA doesn’t require a formal citation for trademarks unless you are quoting or discussing them extensively.
  • You can mention the trademarked name in text and indicate that it is a trademark using superscript ™ or ®.
  • For example: The study used data from Fitbit® devices.

If the trademark owner is relevant, you can add a parenthetical note:

  • Fitbit® (a registered trademark of Fitbit, Inc.) was used for activity tracking.

MLA Style:

  • MLA typically includes trademarks as part of standard prose.
  • The symbol can be used once, preferably on the first mention, and there is no requirement to include it in the Works Cited section unless quoting a specific advertisement or trademarked work.

Chicago Manual of Style:

  • Similar to APA, Chicago suggests minimal use of trademark symbols in formal writing.
  • The first use should indicate the trademark status, but it may be omitted in later references unless legally required.

Regardless of style, do not italicize trademark symbols and avoid repeated use throughout the document unless contextually necessary.

How Do You Use It Correctly in Writing?

Generally, a trademark should be used in the first instance that the symbol, word, device, or image is revealed. This may be in the first sentence, opening paragraph, or in the title. The International Trademark Association suggests the following:

  • In order for SMs and TMs to be distinguished from surrounding text, they should be displayed in a different manner or font. For example, use italics or capital letters.
  • Additionally, the generic noun identifying the service or product should be used directly after the trademark name at least once in each separate broadcast or written communication, preferably the initial instance that trademark appears.
  • The reason for using a trademark is to inform the public that the symbol, word, device, or image that you're utilizing is yours. Remember, displaying the trademark symbol more than once may be distracting and lead readers to view the use of the mark as unprofessional.

Citation Elements for Trademarks

When formally citing a trademark in a legal, business, or scholarly context, consider including the following elements where appropriate:

  • Trademarked Name: The full and correct name, as registered.
  • Trademark Owner: The entity that holds the registration (e.g., Coca-Cola Company).
  • Registration Status: Use ™ for common-law rights or unregistered marks, and ® for federally registered marks.
  • USPTO Registration Number: Include if the citation is part of a legal brief or patent disclosure.
  • Year Registered: Indicate when the mark was registered if relevant.

Example citation format in prose:

The Coca-Cola® beverage (registered trademark of The Coca-Cola Company, Reg. No. 22423) is widely recognized.

If you're using the trademark as part of a bibliography entry (e.g., in legal writing or a white paper), it might appear as:

Coca-Cola®. Reg. No. 22423. Registered 1944. The Coca-Cola Company.

In-text acknowledgment:

This study references data from Apple Watch™ (trademark of Apple Inc.).

Frequently Asked Questions

  • Do I always have to use the ® symbol when writing about a registered trademark?
    No, but it is recommended on first and/or prominent use to notify readers that the trademark is legally protected.
  • What’s the difference between TM, SM, and ® symbols?
    TM is for unregistered trademarks (goods), SM is for unregistered service marks (services), and ® is for marks registered with the USPTO.
  • Where should I place the trademark symbol in text?
    Place it in superscript at the upper right of the trademarked name. Avoid placing it to the left or above the text.
  • Do trademarks need to be cited in a bibliography?
    Not usually, unless the citation is part of legal documentation, or you're quoting/adapting trademarked content in a formal work.
  • Can I mention a registered trademark without infringing it?
    Yes, as long as your use is factual, non-misleading, and does not imply endorsement or ownership.

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