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Fundamentals · 2 min read
TM vs. SM vs. ®: What's the Difference?
Three symbols, three very different legal meanings. Only one of them requires a federal registration to use.
™ marks a trademark used to identify goods. You can use it the moment you start using a name or logo to sell a product, with or without a registration. It's simply a public claim that you consider this your mark.
℠ works the same way for services rather than goods: the service equivalent of the ™ symbol, and just as available before registration.
® is different. It signals a mark registered with the USPTO, and legally, you can only use it once your registration has actually issued, not while your application is pending. Using it before then can undermine your application and your credibility.
The practical takeaway
Use ™ or ℠ freely while you build your brand and while your application is pending. Switch to ® only after your registration certificate is issued.
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Related reading
What Is a Trademark?
The word, name, symbol, or design that tells customers a product or service comes from you. It's the foundation everything else here is built on.
What Does a Trademark Actually Protect?
A trademark doesn't protect an idea, a product, or a business. It protects the identifier, and understanding the difference changes how you use it.
What Are Trademark Classes?
The USPTO doesn't register a trademark in the abstract. It registers it for specific goods or services, organized into 45 international classes.