The comparison at a glance
| Symbol | What it communicates | Federal registration? | Typical subject |
|---|---|---|---|
| ™ | A trademark claim | Not implied | Goods, product brands, and source identifiers |
| ® | A registered-mark notice | Yes, within the registration’s scope | Registered marks for goods or services |
| © | A copyright notice | Not a trademark registration | Original works such as text, art, photos, and software |
| ℠ | A service mark claim | Not implied | Services and service brands |
™: a trademark claim
TM tells readers that you are treating a word, phrase, logo, or other source identifier as a trademark. Under USPTO guidance, you may use TM for goods even if you have not filed a federal registration application.
It is a notice, not proof that a mark is distinctive, owned, enforceable, or registered. The practical value and legal effect depend on use and jurisdiction.
®: a registration notice
The circled R makes a more specific statement: the mark is registered. In the United States, the USPTO limits the federal registration symbol to marks it has actually registered and to the goods or services named in that registration.
An application under review is not a completed federal registration. TM or SM may communicate a claim without making that registration statement.
©: a different area of intellectual property
Copyright concerns original works of authorship rather than source-identifying marks. A notice often combines ©, a publication year, and the owner name. The same logo or website can raise both copyright and trademark questions, but one symbol does not replace the other.
℠: the services counterpart
SM or the single Unicode character ℠ signals a mark used with services. A repair service, software service, consultancy, or entertainment service might use it when communicating a service mark claim.
The symbol is less common on keyboards, which is a typographic inconvenience rather than a different category of Unicode text.
A practical decision sequence
- Identify the subjectAre you marking a source identifier for goods, a source identifier for services, or a creative work?
- Check registration statusDo not treat an application, business registration, or domain registration as a trademark registration.
- Check territory and scopeA registration covers particular goods or services and is territorial.
- Choose the accurate noticeUse ™, ℠, ®, or © only for the statement it actually communicates.
- Get advice when the choice mattersFor launches, disputes, licensing, or international use, ask a qualified professional about the facts.
Frequently asked questions
Should I use ™ or ®?
Use ™ to communicate a trademark claim without representing federal registration. Use ® only when a valid registration permits that notice for the relevant goods or services and jurisdiction.
Can a logo use both © and ™?
Potentially. Copyright and trademark can concern different aspects of the same creative asset. The symbols still make separate claims, and whether either right applies depends on the facts and law.
Is SM weaker than TM?
SM is not simply a weaker TM. It identifies a claim connected with services, while TM is conventionally used for goods. The USPTO often uses trademark as an umbrella term for both.
Does adding a symbol create legal rights?
A symbol communicates a claim or notice; it does not manufacture rights by itself. Rights, registration, ownership, territory, and enforceability depend on the underlying facts and applicable law.
Do trademark symbols have to be superscript?
They are often set smaller and raised for readability, but the USPTO does not prescribe one universal placement around a mark. Keep the notice visibly associated with the mark.