An owner can use TM (™) with a mark for goods, or SM (℠) with a mark for services, without filing any application to register it. USPTO
The ® can’t be used with a mark that isn’t registered in the USPTO. Even while an application is pending, the ® has to wait until the mark is registered. USPTO
A copyright notice is optional for works published on or after March 1, 1989, for unpublished works and for foreign works, but it carries legal benefits. Copyright Office
GovFacts tool
Trademark Symbol Checker
Answer two or three questions to see whether a brand name, logo or creative work may carry ™, ℠, ® or ©. It covers the common U.S. rules, and each result names what could change it.
How to answer this
A trademark can be any word, phrase, symbol, design or combination of them that identifies goods or services. A mark used for services is also called a service mark. USPTO
Copyright covers original creative works in a tangible form, such as novels, music, movies, software code, photos and paintings. USPTO
A logo can raise both questions. Check it once as a brand and once as a creative work.
| Symbol | What it means | Who can use it | The rule, with its source |
|---|---|---|---|
| ® | The mark is registered with the USPTO | The owner of a USPTO-registered mark, only with the goods or services the registration lists | The owner of a mark registered in the U.S. Patent and Trademark Office may show that it is registered with ®, or with the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” The ® may be used only with the goods or services listed in the federal registration. U.S. CodeUSPTO |
| ™ or ℠ | The owner claims the mark: ™ for goods, ℠ for services | Any mark owner, registered or not, with no application needed | An owner can use TM (™) with a mark for goods, or SM (℠) with a mark for services, without filing any application to register it. Terms such as “trademark,” “trademark applied for,” TM and SM can be used whether or not a mark is registered. They aren’t official symbols of federal registration. USPTOUSPTO |
| © | The owner claims copyright in a creative work | The copyright owner, with no registration needed; optional for works published on or after March 1, 1989 | Using a copyright notice is up to the copyright owner and needs no permission from, or registration with, the Copyright Office. A copyright notice is optional for works published on or after March 1, 1989, for unpublished works and for foreign works, but it carries legal benefits. Copyright Office |
- The ® can’t be used with a mark that isn’t registered in the USPTO. Even while an application is pending, the ® has to wait until the mark is registered. USPTO
- A copyright notice has three parts: the © symbol, the word “copyright” or the abbreviation “copr.” (for a sound recording on a phonorecord, such as a CD or vinyl record, the symbol is ℗); the year of first publication; and the owner’s name, as in “© 2017 John Doe.” Copyright Office
The Symbols at a Glance
| Symbol | What it means | Who can use it | The rule, with its source |
|---|---|---|---|
| ® | The mark is registered with the USPTO | The owner of a USPTO-registered mark, only with the goods or services the registration lists | The owner of a mark registered in the U.S. Patent and Trademark Office may show that it is registered with ®, or with the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” The ® may be used only with the goods or services listed in the federal registration. U.S. CodeUSPTO |
| ™ or ℠ | The owner claims the mark: ™ for goods, ℠ for services | Any mark owner, registered or not, with no application needed | An owner can use TM (™) with a mark for goods, or SM (℠) with a mark for services, without filing any application to register it. Terms such as “trademark,” “trademark applied for,” TM and SM can be used whether or not a mark is registered. They aren’t official symbols of federal registration. USPTOUSPTO |
| © | The owner claims copyright in a creative work | The copyright owner, with no registration needed; optional for works published on or after March 1, 1989 | Using a copyright notice is up to the copyright owner and needs no permission from, or registration with, the Copyright Office. A copyright notice is optional for works published on or after March 1, 1989, for unpublished works and for foreign works, but it carries legal benefits. Copyright Office |
- The ® can’t be used with a mark that isn’t registered in the USPTO. Even while an application is pending, the ® has to wait until the mark is registered. USPTO
- A copyright notice has three parts: the © symbol, the word “copyright” or the abbreviation “copr.” (for a sound recording on a phonorecord, such as a CD or vinyl record, the symbol is ℗); the year of first publication; and the owner’s name, as in “© 2017 John Doe.” Copyright Office
When the ® Is Allowed
- The owner of a mark registered in the U.S. Patent and Trademark Office may show that it is registered with ®, or with the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” U.S. Code
- The ® may be used only with the goods or services listed in the federal registration. USPTO
- Registering a mark with a state doesn’t allow ®. USPTO
- A federal registration lasts as long as the owner keeps using the mark and files maintenance documents on schedule. An owner who misses them loses the registration. USPTO
- A registered owner who doesn’t show the ® or the registration words with the mark can’t recover profits or damages in an infringement suit under the federal trademark law unless the infringer actually knew of the registration. U.S. Code
- The ® can go anywhere around the mark, though most owners set it small, raised or lowered, to the right of the mark. USPTO
Misusing the ®
- Improper use of ® that is deliberate and meant to deceive or mislead the public or the USPTO is fraud. USPTO
- These uses of ® are improper, even when they come from a misunderstanding rather than fraud: relying on a state or foreign registration, putting it on a whole mark when only part is registered, using it for goods the registration doesn’t cover and relying on a recently expired or canceled registration. USPTO
- The ® goes only with the mark the registration shows. Don’t put it on a whole name or logo when only part is registered. USPTO
- A registration in another country or with the EU doesn’t allow ® with the mark in the U.S. The ® can’t be used with a mark the USPTO hasn’t registered, and believing a foreign registration allows it is a common improper use. USPTO
- People often mix up the two notices: notice of trademark registration can’t be given until after registration, while a © notice can go on material when it is first published. USPTO
Registered or Not
- A business owns a trademark as soon as it starts using the mark with its goods or services, but those rights are limited to the area where it does business. USPTO
- Registration isn’t required, but a registered trademark has broader rights and protections than an unregistered one. USPTO
- A state trademark registration creates rights in that state only. USPTO
- Registering a mark with the USPTO creates rights throughout the U.S. and its territories. USPTO
- A federal registration lets the owner use ®, which may help deter others from using the mark or one too similar to it. USPTO
- There is no worldwide trademark. Each country’s trademark office decides whether to register a mark there. USPTO
The Copyright Notice
- Using a copyright notice is up to the copyright owner and needs no permission from, or registration with, the Copyright Office. Copyright Office
- A copyright notice is optional for works published on or after March 1, 1989, for unpublished works and for foreign works, but it carries legal benefits. Copyright Office
- When a work is published with the copyright owner’s permission, a notice may be placed on copies people can see or read, directly or with a machine. U.S. Code
- The notice names the owner of the copyright in the work, or uses an abbreviation or a generally known alternative name for the owner. U.S. Code
- A notice tells potential users that copyright is claimed in the work. Copyright Office
- On a published work, a notice may stop an infringer from limiting damages by claiming the infringement was innocent. Copyright Office
- A notice also names the owner for anyone seeking permission to use the work, and shows the year of first publication. Copyright Office
- Unpublished works have never needed a notice, but an owner may still mark copies that leave its control, such as “Unpublished Letters of John Doe © 2017 John Doe,” using the year the work was created. Copyright Office
- Works first published before March 1, 1989, generally needed a notice, with some exceptions, and a work published without one generally lost its U.S. copyright. Copyright Office
How to Check a Mark’s Status
- The USPTO’s online Trademark Status and Document Retrieval system (TSDR) shows the status of an application or registration by its serial or registration number. USPTO
- In TSDR, the Maintenance button next to a registration number shows the next maintenance filing the registration needs and its deadline. USPTO
- The USPTO’s public database shows each registered mark with the goods and services on its registration and the date it registered. USPTO
- The USPTO’s database lists only federal applications and registrations, so the USPTO encourages searching the internet, state trademark databases and business name databases for similar marks used with related goods or services. USPTO
- The USPTO’s Trademark Assistance Center takes calls at 1-800-786-9199 (press 1), Monday through Friday, 9 a.m. to 4 p.m. ET. It can’t give legal advice. USPTO
Marking a Patent
- A patent owner may mark a product with “patent” or “pat.” plus either the patent number or a free web address that links the product to the number. When the product itself can’t be marked, a label on it or on its package can carry the notice. U.S. Code
- Without that marking, a patent owner can recover damages only for infringement that continued after the infringer was notified. U.S. Code
- Marking a product “patent applied for” or “patent pending” when no patent application has been made, or when it is no longer pending, to deceive the public can bring a fine of up to $500 for each offense. U.S. Code
- Marking an unpatented product with the word “patent” to deceive the public can bring a fine of up to $500 for each offense. U.S. Code