Imagine turning your business dream into reality by launching a new product—only to pause and wonder which symbol to use: ™ vs ®. You might add a ™ after your product name because you’ve heard it relates to trademarks, yet you may not fully understand which symbol is right for your brand. The truth is, choosing between ™ and ® can influence your business image, boost credibility, and help you avoid costly legal mistakes.

While the ™ symbol doesn’t offer federal protection, it still plays a vital role in long-term brand strategy by signaling your claim to a name or logo you’re using in commerce. Much of the confusion arises because many business owners don’t know the difference between a trademark and a registered trademark.

If you’re preparing to launch a product and feel unsure about whether to use ™ or ® on your logo, this article is for you. Here, you’ll find clear explanations of what each symbol means, when to use them, how registration works, what it costs, and the level of protection each provides. By the end, you’ll have a complete understanding of trademark vs. registered trademark symbols—and the ™ vs ® distinction will finally make sense.

Understanding the ™ (Trademark) Symbol

The ™ symbol stands for Trademark and is used to depict a trademark on a product. The ™ symbol is a trademark that is used for goods (products) even if the business has not federally registered the product. 

Businesses can use the ™ symbol right after they begin using a word, phrase, or logo in commerce. Using a ™ symbol doesn’t require any formal approval or filing with the United States Patent and Trademark Office (USPTO). It is important to remember that the ™ symbol is used at the discretion of the business. However, its use should be legitimate, and the mark should actually represent your goods in commercial use.

While the ™ symbol does not guarantee federal protection, it helps you establish common law rights like first-use rights in your local market. For instance, if you start selling ‘GlowCup’ candles, you can label them GlowCup™ even before registration. 

Understanding the ℠ (Service Mark) Symbol 

The ^SM symbol is equivalent to the ™ symbol in the field of services. While the ™ symbol is used for physical goods, the ^SM symbol is used by service providers for services. It functions exactly the same as the trademark symbol but is used for services like consulting, design, marketing, coaching, and many more. 

Just like the ™ symbol, the ^SM symbol can also be used freely immediately after you start offering services under a mark. It also doesn’t require any registration or approval from the United States Patent and Trademark Office (USPTO). ™ vs ^SM is not really a debate, as both are similar when it comes to functionality. The ^SM symbol signals ownership in a name tied to service offerings. Just like the ™ symbol, it can also help establish common law rights.

CreativePulse℠ Marketing and ZenRide℠ Coaching are a few examples of how the ^SM symbol can be used by businesses. Many modern brands skip ℠ and use ™ for simplicity, though ℠ it remains technically correct for service-based businesses.

Understanding the ® (Registered Trademark) Symbol

The ® symbol indicates a registered trademark or service mark. The symbol shows that the mark for your product or service has been registered, approved, and issued by the USPTO. It can only be used after federal registration is approved. 

Using it before the approval from the USPTO is illegal and can lead to fines for the business. The ® symbol provides you with nationwide recognition, public notice of ownership, and strong enforcement rights. This means you can file a lawsuit in federal court for counterfeiting or trademark infringement of your product or service. 

The symbol can only be used on goods or services that are listed in your approved filing. Failing to comply with this can result in penalties. For example, once GlowCup is registered by the USPTO, it becomes GlowCup® and the ® symbol can be used with it. 

When and How to Use Each Symbol Properly 

The placement of the symbols is generally of two types. 

• Upper-Right: The upper-right or superscript placement places the symbol on top of the name, logo, or slogan level on the right side.
• Lower-Right: The lower-right or subscript placement places the symbol below the name, logo, or slogan level on the right side.

The ™ or ^SM symbol can be used immediately after the first commercial use of the product or service. However, the ® symbol can only be used after the federal registration is approved bythe USPTO. You must avoid using the symbols without eligibility, as it can result in false symbol use and penalties for the company. 

How to Register a Trademark: Process & Steps

Registering the trademark offers you stronger federal protection under US law. The trademark registration is carried out by the United States Patent and Trademark Office (USPTO). Here is the process of trademark registration:

• 1. Search: Businesses are required to conduct a comprehensive search using the USPTO database and other sources to check conflicts.
• 2. Classification: Determine under which class your product or service falls. 
• 3. Filing: File your trademark application through the USPTO Trademark Center, the new online filing platform that consolidated the former TEAS Plus and TEAS Standard options into a single application process.
• 4. Examination: Once the application is submitted, it will be examined for conflicts, descriptiveness, and completeness.
• 5. Publication: After the examination is cleared, the mark is published for opposition for 30 days. 
• 6. Registration: If no issues or opposition are raised, the registration is completed, and you can use the ® symbol. 

To ensure correct, complete, and smoother filings and avoid mistakes, it is best to seek professional support from attorneys or incorporation services. They have years of experience and can help you avoid mistakes, misclassifications, and save you from missing deadlines. 

Cost of Trademark Registration

When budgeting, it is essential to keep different costs in mind that are associated with trademark registration. USPTO Filing Fees. The USPTO filing fees are generally $350 per class. 

Additional Costs

Some additional fees may also be associated with trademark registration, like attorney fees, professional search fees, registration renewal, and international filings (if planning to expand globally). The cost of trademark registration in states vs federal may differ drastically. The filing fees may range from $15 to a few hundred per class in states, which go up to $250 to $350 per class at the federal level. 

State vs Federal vs International Trademark Protection

• State Registration: State registrations are relatively faster, have lower costs, and are administered by state offices. They only cover the state boundaries and do not allow the use of ®.
• Federal Registration: Federal registration is typically slower and more expensive than state registration. It is administered by the USPTO and allows the use of the ® symbol. It offers national protection and enforcement authority. 
• International Protection: International trademark protection is secured through the Madrid Protocol. It is filed once and can later be extended to multiple countries. The costs and filing requirements may vary from country to country. 

Common Mistakes and Legal Risks

Here are some of the most common mistakes made by businesses:

• Using the ® symbol without federal registration is illegal and results in penalties.
• Using ™ or ℠ doesn’t prevent all infringements. Therefore, it is best to check all the legal regulations beforehand. 
• Skipping a trademark search from relevant sources can cause legal conflicts at the time or after registration. 

The checklist to avoid the common pitfalls is provided below. 

• Conduct a comprehensive trademark search.
• Identify the correct class of your goods or services. 
• Use ™ or SM when unregistered and use ® only after approval from the USPTO. 
• Renew your mark before the deadline and maintain proper documents. 

Protect Your Brand and Take Action

Understanding the difference between ™, ^SM, and the ® symbol and using them correctly strengthens your position in the corporate world. While ™ and ^SM can be used right after commercial use of products or services and do not require any federal registration, the ® symbol can only be used after a federal registration and approval by the USPTO. Using the symbols appropriately and registering promptly builds credibility and is essential for long-term business protection. Register your trademark for your goods or services today and protect your brand. 

If you’re looking for a trusted business formation and compliance partner in the USA, IncParadise is the service provider you need.