What is the difference between using the ™ and ® symbols?

The ™ symbol and ® symbol are both symbols used to designate trademarks or registered trademarks. The ™ symbol is used for marks that are unregistered, but have been adopted and used by a business to identify its products or services. This symbol serves to put others on notice that the trademark is in use and in the process of being registered. The ® symbol is used for marks that have been registered with the U.S. Patent and Trademark Office or with a state agency in Indiana. It provides national or state recognition that the mark is legally protected and can be used to enforce legal rights. Unlike in other areas of the law, where you need to prove your ownership of a trademark with documentation, the use of the ™ and ® symbols is based simply on use. If you are using a mark to identify your goods and services, you can use the ™ symbol. Once you have filed an application and the mark has been registered, you can use the ® symbol. It is important to understand that in Indiana, the use of the ® symbol without a valid registration may constitute trademark infringement and other legal consequences.

Related FAQs

What is the Madrid System and how can it help me register trademarks internationally?
What is a trademark assignment and when is it necessary?
What is the difference between a trademark and a design patent?
Can I license my trademark to another company?
What is a trademark infringement claim and how can it be avoided?
Can I register a trademark in more than one country?
How do I renew my trademark registration?
What is required in order to obtain a trademark registration in another country?
What is the Madrid Agreement and how can it help me register trademarks internationally?
What is genericization and how can it be avoided?

What is the difference between using the ™ and ® symbols?

Related FAQs

Related Blog Posts