PatentTrademarkBlog

What do TM and Circle R (®) symbols mean?

    What does the TM symbol mean?

    The TM symbol placed next to a mark is meant to put the public on notice that the owner considers that particular mark to be proprietary. In other words, the owner is claiming rights to that mark even if a trademark application has not been filed. As discussed further below, a circle R symbol may be used only when a trademark is registered.

    Need to file a flat rate trademark application? Email US patent and trademark attorney Vic Lin at vlin@icaplaw.com or call Vic at (949) 223-9623 to explore working with us.

    Find out why Vic’s trademark allowance rate is 83% when the average rate is only 50%.

    Does the TM symbol mean that a trademark application has been filed?

    No, the TM symbol does not signify that a trademark application is pending. In fact, it is entirely lawful to use the TM symbol to signify unregistered common law rights to a mark for which federal registration has not been applied.

    Not all marks are protectable, and the fact that a company placed a TM symbol next to a term or slogan does not necessarily mean that they have the right to stop others from using the term. Nonetheless, it is useful to know where a competitor is coming from if you see the TM symbol next to an unregistered mark. If you’re thinking of using or applying for a similar mark, you may want to reconsider unless you have strong arguments for making fair use of the term.

    What is the difference between TM and SM symbols?

    Both TM and SM symbols serve the same purpose: providing notice that an owner considers a particular mark to be proprietary. When a mark is used in connection with services, the mark is technically called a service mark. So the SM symbol can be applied to marks for services while the TM symbol can be applied to marks for goods.

    What does the circle R symbol (®) mean?

    The circle R symbol (®) means that a mark is federally registered with the US Patent and Trademark Office, either on the Principal Register or Supplemental Register.

    When is it OK to use the circle R symbol?

    Do not use the ® symbol if you have not yet secured a federal registration of your mark. Filing a trademark application alone does not entitle you to use the circle R symbol.

    If you are launching new products under a new mark and need to file a Statement of Use for an Intent-To-Use application, make sure the mark shown on the product or packaging omits the circle R symbol. In filing a Statement of Use, it would be acceptable to submit specimens showing the TM or SM symbol.

    How to use the ® symbol

    The ® symbol is typically placed in the upper right hand corner or lower right hand corner of a mark that is registered with the USPTO.

    Can you submit specimens with the circle R symbol?

    If a foreign applicant is using the circle R symbol on specimens due to a foreign registration, then such use may be proper. Such use, however, may invite an Office Action if the Examining Attorney cannot determine whether the mark is registered in a foreign country.

    Countries that use the circle R symbol include:

    • Belgium
    • China
    • Costa Rica
    • Denmark
    • Ecuador
    • Germany
    • Hungary
    • Luxembourg
    • Netherlands
    • Nicaragua
    • Poland
    • Sweden

    Ready to protect your trademark?

    Contact US patent and trademark attorney Vic Lin by email or call (949) 223-9623. We can help you determine the right type of trademark application to file and search for similar trademarks before filing. Save time and money by avoiding common mistakes made by do-it-yourself trademark filers.

    Request a Flat Rate Estimate to File Your Trademark Application
    After submitting the form below, we will let you know if we can assist and, if so, the cost estimate for filing your trademark application.

    Is the trademark owner an individual or company?*

    Is the trademark owner an individual or company?*

    The Applicant is the trademark owner.

    Clear selection
    Individual Applicant
    Tell us about the individual who owns this trademark

    Full Legal Name of Individual*

    Full Legal Name of Individual*

    Please type your legal name, including full first name and last name.

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    Citizenship*

    Citizenship*

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    Residence Address (can be kept private)*

    Residence Address (can be kept private)*

    Please provide your residence address. If you wish to keep this private, please answer the next question to provide a different mailing address.

    Clear selection

    Mailing Address if different from residence address

    Mailing Address if different from residence address

    (if you wish to keep residence address private)

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    Email*

    Email*

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    Company Information

    Company Name*

    Company Name*

    Please be exact in company name, including any commas and periods

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    Type of corporate entity*

    Type of corporate entity*

    (e.g., corporation, limited liability company, etc.)

    Clear selection

    State of Incorporation (or Country of Incorporation if foreign entity)*

    State of Incorporation (or Country of Incorporation if foreign entity)*

    (e.g., corporation, limited liability company, etc.)

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    Name of Officer authorized to sign on behalf of the Company*

    Name of Officer authorized to sign on behalf of the Company*

    Provide full name of officer

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    Title of Officer authorized to sign on behalf of the Company*

    Title of Officer authorized to sign on behalf of the Company*

    Do not state "Owner" or "Founder." Please use an official corporate title.

    Clear selection

    Physical business address*

    Physical business address*

    No PO Box, mailing center or registered agent's address (this can be kept private if you have a separate mailing address)

    Clear selection

    Mailing Address if different from Physical business address

    Mailing Address if different from Physical business address

    (if you wish to keep physical business address private)

    Clear selection

    Email address of officer*

    Email address of officer*

    Clear selection

    Email address of primary contact person*

    Email address of primary contact person*

    Clear selection
    Trademark
    This is where we gather some information about the trademark you wish to register

    What is your trademark?*

    What is your trademark?*

    Please identify your mark

    Clear selection

    As an alternative, please let us know if you have a second mark that is similar to your first mark

    As an alternative, please let us know if you have a second mark that is similar to your first mark

    Please identify a second mark that would be your second choice. Do not identify a completely new mark here. For a completely new mark, please complete and submit another Trademark Form.

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    Do you want to file for a word mark or design mark?*

    Do you want to file for a word mark or design mark?*

    Word mark covers the wording without regard to any design. If design mark, email a black-and-white JPG file to processing@icaplaw.com and omit any TM and circle R symbols.

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    Design Mark
    You can apply for a mark with stylized lettering, graphic design or any other design features. Please note that your usage must exactly match your design mark as shown in your trademark application.

    Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

    Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

    Please omit any TM and circle R symbols

    Clear selection
    Filing Basis: Actual Use or Intent-To-Use (ITU)?
    Have you already sold goods or services under this trademark?

    Have you already sold goods or services under this mark?*

    Have you already sold goods or services under this mark?*

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    Actual Use: Goods and/or Services
    All goods and services are categorized under 45 different USPTO classes. Your trademark filing cost will be based on the number of classes of goods/services.

    Please identify all goods and/or services currently being sold or provided under your trademark*

    Please identify all goods and/or services currently being sold or provided under your trademark*

    Make sure your identified goods have already been sold and shipped. For services, make sure that you have already provided such services in connection with the trademark.

    Clear selection

    What was the date you first sold or provided your goods or services under this trademark?*

    What was the date you first sold or provided your goods or services under this trademark?*

    Identify the date when your goods or services were first sold or provided showing the trademark.

    Clear selection
    Intent-To-Use: Goods and/or Services
    Here you will identify all goods and/or services you intend to sell under the trademark

    Please identify all goods and/or services you intend to sell or provide under the trademark

    Please identify all goods and/or services you intend to sell or provide under the trademark

    Please note that you cannot add to this list after the application is filed. You can only delete items. Be realistic about what goods or services you genuinly intend to sell in the following year or so.

    Clear selection

    Do you understand that an ITU application will have a future cost for submitting evidence of use at $600/class?

    Do you understand that an ITU application will have a future cost for submitting evidence of use at $600/class?

    Clear selection
    USPTO Knockout Search
    For an additional fee, we can search live USPTO trademark registrations and applications for highly similar marks

    Do you want us conduct a knockout search of your word mark at an additional cost of $650 per class?*

    Do you want us conduct a knockout search of your word mark at an additional cost of $650 per class?*

    For a word mark, we can conduct a textual search of the USPTO trademark database for highly similar trademarks which would present a high risk of rejection. Our firm does not do any visual searches (e.g., design marks, graphics, logos, etc.).

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    Vic Lin

    We align ourselves with Davids fighting Goliaths. 900+ US patents granted and 500+ trademarks registered. Let's get to work on your IP. Flat rate patents. Email any competitive quotes or concerns about working with us. vlin@icaplaw.com | (949) 223-9623 | LinkedIn

    Email: vlin@icaplaw.com
    Call: 949-223-9623

    US Patent Attorney Vic Lin

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