Trademark Symbols

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO.

However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) are governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

If you use a trademarked name, you must indicate it by placing one of these symbols ® ^{TM SM} next to the first or most prominent use of the name. While these symbols need not be used on subsequent uses of the name in a document, treating the name distinctively (bolding, italicizing, using all capital letters or initial capital letters) is highly desirable, because it communicates to the reader that you consider the name unique.

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