Key Takeaways

  • The ™ symbol is for unregistered trademarks (goods), and the SM symbol is for unregistered service marks (services).
  • The ® symbol is only for federally registered trademarks with the USPTO.
  • Using ® without registration is illegal and may be considered fraud.
  • Trademark symbols are usually placed at the upper or lower right corner of a mark.
  • The symbols help deter infringement and support enforcement in legal disputes.
  • The ™ and SM symbols can be used while an application is pending; ® can only be used after approval.
  • Improper symbol use can jeopardize registration and legal credibility.

The registered trademark sign — ® — lets other people and businesses know that you're using a product or service for business. This is different than the ™ and SM symbols, which award some protections but aren't registered at the federal level. It's important to understand these symbols and when you can use them so you can avoid legal troubles down the road.

Trademark Symbols

Trademark, service mark, and registered mark signs — ™, SM, and ®, respectively — are meaningful symbols you'll need to know to protect your intellectual property. Note these important differences between these signs:

  • Use the ™ sign for unregistered trademarks — marks that represent goods.
  • Use the SM sign for unregistered service marks — marks that represent services.
  • Use the ® federal registration symbol for marks officially registered with the U.S. Patent and Trademark Office. Federal law regulates the use of the federal registration symbol. Using this mark on unregistered goods or services is considered fraud. You may also only use the federally registered mark with the goods and/or services indicated in your application.

You aren't legally required to use the ™ or SM symbols, and you can enjoy trademark or service mark protections without officially registering them. However, you may register your mark in order to:

  • Notify the public of your claim to that mark.
  • Establish branding rights.
  • Dissuade others from infringing on your mark.

Note that when you register your mark, it will turn up whenever an individual searches through the Patent Office's database. This can help avoid accidental infringement. Moreover, if you ever have to take a case to court or issue a cease and desist letter against an infringing party, having an official registration will streamline the process.

Though you don't legally have to use the mark symbols to enjoy common law protections, doing so may save you from some legal consequences in the future. For example, if you ever face an enforcement action, you'll need to demonstrate that the defendant knew about your mark before the infringement happened.

If the mark is officially registered, then the defendant should have known about it. In legal terms, this is known as the defendant having “constructive knowledge” about the mark's registration.

Legal Implications of Misusing a Trademark Sign

Misusing the ® trademark sign can have serious consequences. Under U.S. law, using the registered symbol without a valid USPTO registration is considered fraud and may lead to a denial of your trademark application or legal penalties. Moreover, it may damage your credibility in court if you're trying to enforce your rights. You may only use ® for the goods and services listed in your federal registration. Using ® on unregistered or pending items—even if the application is in progress—is a violation of federal law.

How to Use Trademark Symbols

There's no rule about where the trademark or service mark needs to be placed next to protected material. However, it's most commonly placed in the upper right-hand or lower right-hand corner of the mark. Adhering to these common placements is recommended in order to avoid any confusion with the logo or phrase you're protecting.

If your protected content appears in an article, white paper, press release, or any other printed or electronic content, you only need to include the mark symbol once, when the protected material first appears or where it appears most prominently. You don't need to use the marks for every appearance of the trademarked or service marked content. Only use these marks for unregistered content. Note that you can't use ® until your application is accepted.

The ™ designation is for goods, and the SM designation is for services. If you need to mark something that is both a good and a service, use the ™ symbol. Only use the ® symbol for marks registered at the national level. Using this symbol for state-registered or unregistered goods and services is illegal. Don't use this symbol while your application is still pending approval.

Best Practices for Displaying a Trademark Sign

To maintain clarity and avoid confusion, place the appropriate trademark sign (™, SM, or ®) directly adjacent to the mark—typically in superscript—in either the upper right-hand corner or, less commonly, the lower right. Use the symbol only once in lengthy documents, ideally at the first or most prominent mention. Avoid cluttering your content with repeated symbols, as this can reduce readability.

For brand consistency, companies may incorporate the symbols into their logos or packaging. However, ensure that your usage aligns with actual registration status—especially for ®. Misuse could weaken your legal protection or invite regulatory scrutiny.

How to Input Trademark Symbols

There are many keyboard shortcuts you can use to enter a ™, SM, or ® mark. You may also copy and paste these symbols from other sources or use superscripting in Microsoft Word — either manually in the toolbar or with hotkey Ctrl + Shift + Keypad + — to create ™ and SM.

You can also type these symbols on a few other operating systems and platforms:

  • Windows keyboards with a number pad: If you have a number pad on your keyboard, hold the Alt key down and type “0153” or “0174” to enter a ™ or ® symbol, respectively.
  • Mac OS: If you're working on a Mac, enter ⌥ Option + 2 for a ™ and ⌥ Option + R for the ® symbol.
  • Microsoft applications: On Microsoft applications, such as Word and Excel, you can press Ctrl + Alt + T to insert a ™ symbol and Ctrl + Alt + R to insert a ® symbol. You can also type, lowercase or uppercase, “(TM)” or “(R)” — the application will automatically convert this to ™ and ®, respectively.

Trademark Sign Usage Outside the U.S.

While the ® trademark sign is recognized internationally, the laws regarding its use vary by country. In some jurisdictions, using ® without proper registration may result in fines or trademark cancellation. In the EU and Canada, similar protections apply, but enforcement procedures and symbol use norms differ.

If you do business globally, consider consulting with local trademark attorneys to ensure compliance. For example, while the ™ symbol can be used freely in many countries to claim rights to a mark, it does not offer legal protection in places where use alone doesn’t establish rights. Always verify country-specific guidelines before affixing any trademark sign to packaging, marketing materials, or digital content.

Frequently Asked Questions

1. Can I use the ® symbol while my application is pending?

No. The ® symbol can only be used after the U.S. Patent and Trademark Office approves your trademark registration.

2. Is it illegal to misuse the trademark sign?

Yes. Using ® without registration is a violation of federal law and can result in penalties or application rejection.

3. What’s the difference between ™ and ®?

™ is for unregistered goods, while ® indicates federally registered trademarks with full legal protection.

4. Where should I place the trademark sign?

Trademark signs are usually placed in the upper-right or lower-right corner of the mark.

5. Do I need to use ™ or SM to protect my brand?

Not legally, but using them can help assert your rights and deter potential infringers before registration.

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