If you’ve ever looked closely at brand names, logos, or creative works, you’ve likely seen the symbols TM (™), SM (℠), Registered Trademark (®), and Copyright (©). While they all relate to intellectual property protection, they serve different legal purposes. Understanding these symbols can help businesses and creators protect their brands and works effectively.
The Trademark (™) Symbol
The TM symbol stands for “trademark” and is used to indicate that a word, phrase, logo, or other branding element is being claimed as a trademark. However, it does not mean that the mark is officially registered with the United States Patent and Trademark Office (“USPTO”).
Key Points:
- Can be used by anyone claiming rights to a trademark, even without registration.
- Provides some level of common law protection, but does not grant the same legal benefits as a federally registered trademark.
- Often used while a trademark application is pending or when the owner chooses not to pursue formal registration.
- Typically applies to trademarks used for goods.
The Service Mark (℠) Symbol
The SM symbol stands for “service mark” and functions similarly to the TM symbol, but it is specifically used for services rather than goods.
Key Points:
- Indicates that a name, logo, or phrase is being used as a service mark.
- Like TM, it does not require federal registration.
- Provides some common law protection for service-related branding.
- Often used while a service mark application is pending or if registration is not pursued.
The Registered Trademark (®) Symbol
The ® symbol signifies a federally registered trademark. Unlike the TM and SM symbols, it can only be used after the USPTO has officially granted trademark registration.
Key Points:
- Provides nationwide legal protection for the registered trademark.
- Enhances the ability to enforce trademark rights in court.
- Can only be used for the specific goods or services listed in the USPTO registration.
- Unauthorized use of the ® symbol without registration can lead to legal consequences.
The Copyright (©) Symbol
The © symbol represents copyright protection, which applies to original works of authorship, such as books, music, artwork, films, and software. Unlike trademarks, which protect brand identity, copyrights protect creative expression.
Key Points:
- Automatically applies when an original work is created and fixed in a tangible form (e.g., written down, recorded, or saved digitally).
- Registration with the U.S. Copyright Office is not required for protection but is beneficial for enforcing rights in court.
- Copyright protection lasts for the creator’s lifetime plus 70 years for individual works or up to 120 years for works made for hire.
Choosing the Right Symbol for Your Needs
- Use TM (™) if you are claiming a trademark for goods but haven’t registered it yet.
- Use SM (℠) if you are claiming a service mark for services but haven’t registered it yet.
- Use ® only after your trademark or service mark is officially registered with the USPTO.
- Use © for creative works like books, music, and artwork to indicate copyright protection.
Need Help Protecting Your Intellectual Property?
Understanding trademark and copyright symbols is just the first step in safeguarding your brand and creative assets. If you need guidance on trademark registration, contact Rincker Law at (217) 774-1373. We can help you secure the legal rights necessary to protect your business and creative works.