™ — circle r

Articles, Questions & Answers by Andrew P. Lahser, Attorney
  1. Can I use ® circle (R) with a state trademark?
    No. You can use the tm symbol, like this ™. Using the ® for state trademark may be considered fraud or false advertising.
  2. What is proper notice for a registered trademark?
    Three choices: 1) ® 2) Registered in the U.S. Patent and Trademark Office or 3) Reg. U.S. Pat. & Tm. Off.
  3. How to use ® and ™ Symbols
    Can I legally use the ™ symbol before I apply for a trademark registration? Yes. But not the ® (circle r) symbol. Learn to use ™ (tm) properly.
  4. Why do some large companies use tm instead of ®?
    Large companies may be advertising to purchasers in several nations, who have conflicting laws regarding the use of ®. So, they use ™ instead.
  5. Must you display the registered trademark symbol ® to afford protection?
    If you go through the trouble of obtaining a federal registered trademark, it seems sort of silly not to use it.
  6. Where does the TM symbol have to go?
    The most conservative advice related to trademark marking usually consists of having an appropriate mark each and every time that the trademark is used.
  7. What symbol can I use BEFORE the trademark is issued?
    By convention, you can use the ™ symbol, or a superscripted TM. The (r) and ® (pronounced "circle r") can only be used after registration is complete.