Trademark Symbols

1. What does TM mean?

TM stands for trademark. The TM symbol (often seen in superscript like this: ^TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that rights in the mark are claimed in connection with specific goods or services. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws. The owner may use the TM symbol regardless of whether an application for registration has been filed or whether the trademark is registered, and even if an application for registration of the mark is refused.

2. What does SM mean?

SM stands for service mark (often seen in superscript like this: ^SM). It functions similarly to the TM symbol, in that it is used to provide notice that rights in the mark are claimed, but it is used in connection only with a service, such as banking or legal services, rather than tangible goods. As with the TM symbol, use of the SM symbol does not guarantee that the owner’s mark will be protected under trademark laws and the registration status of the service mark does not impact the ability to use the SM symbol. The SM symbol is not as well known as the TM symbol and in many countries the TM symbol is used instead.

3. What does ® mean?

The symbol ® (often seen in superscript like this: ^®) is used to provide notice to the public that a trademark or service mark is registered. In most jurisdictions, the ® may be used only after registration of the mark is granted. In many jurisdictions, use of ® with an unregistered mark is a civil or criminal offense.

4. How should the TM, SM, and ® symbols be used?

There is some flexibility as to how and where to use the TM, SM, and ® symbols. Typically, the symbol is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark—each is an acceptable way of displaying the relevant symbol. While there is no specific requirement regarding the font or size of these symbols, most often they are placed adjacent to the mark, in superscript (raised) font, for example, COCA-COLA^®.

It is a good idea to use these symbols (especially the ® symbol) on products to show that you are claiming rights in the mark. It is also a good idea to use these symbols in press releases, articles, and company reports that refer to the relevant mark. Generally, the TM, SM, or ® symbol need only appear with the first or most prominent mention of a mark in these types of documents.

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