Have you ever noticed the little ™ and ® symbols next to brand names and wondered what they mean? Once you understand the difference between these trademark symbols, you’ll start seeing them everywhere—and you’ll also see why they matter so much for protecting your business.
Two Layers of Trademark Protection in the U.S.
In the United States, there are two main types of trademark protection: common law rights and federally registered rights. Knowing how each works is essential for anyone building a brand.
Common law trademark rights begin the moment you start using your brand name, logo, or slogan in the marketplace. These rights are automatic and don’t require any formal filing. That means even without registering, you have some legal footing. But these rights are limited. They only apply in the geographic areas where your brand is actually being used and don’t carry the same weight in court as registered rights.
Federally registered trademark rights offer stronger, more reliable protection. To get them, you must file an application with the United States Patent and Trademark Office (USPTO). If approved, you gain nationwide rights to your brand, along with a legal presumption of ownership. These rights also give you more tools to stop copycats and to defend your brand if a conflict arises.
TM Symbol vs ® Symbol: What They Mean
The TM and ® symbols reflect these two different layers of trademark protection.
The TM symbol is used to show that you’re claiming common law trademark rights. You don’t need to register your trademark to use this symbol. By adding ™ next to your business name or logo, you’re simply signaling that you consider this brand element your trademark—even though it hasn’t been registered yet. This symbol is especially useful for businesses that are just starting out but want to mark their territory.
The ® symbol, also known as the Circle R, is reserved for trademarks that have been officially registered with the USPTO. You are not legally allowed to use this symbol unless your application has been reviewed and approved by the federal government. Getting to this point usually takes over a year, but once your trademark is registered, the ® symbol gives your brand serious credibility and legal strength. It shows the world that your trademark is officially recognized and protected under U.S. law.
Using the correct trademark symbol not only helps you protect your brand but also helps you avoid legal issues. For more detailed advice on how to display your trademark properly, including when and where to use the ™ or ® symbols, take a look at Using Your Trademark Correctly: Guidelines and Tips.
Why This Matters for Your Brand
Knowing the difference between TM and ® is more than just a technical detail—it’s part of building a legally sound and trustworthy brand. Starting with the TM symbol is an easy way to establish early trademark rights, but moving toward federal registration and the use of the ® symbol provides the long-term protection your business needs.
If you want to grow a brand that’s secure, respected, and defensible, understanding and using these symbols correctly is a critical step.