TM vs ®: Understand the Difference
Written by Law on Call Staff | Reviewed by Andrew Olmsted, Esq.|Last Updated September 16, 2026
You’ve probably seen the little “TM” and circled “R” symbols next to brand names and logos. They look similar, but they have different meanings. Using the wrong one can create legal problems for your business.
This guide shows you when you’re allowed to use each, and how to know which one applies to your brand.
main takeaways
- TM shows that you’re claiming rights to a brand name, phrase, or logo, even without a federal trademark registration.
- ® can only be used once your trademark is registered with the USPTO.
- Using the ® symbol before registration is complete can expose you to legal risk and undermine the credibility of your business and brand.
What Does TM Mean?
The TM symbol stands for trademark. It tells the public that you’re claiming a specific name, logo, or slogan as your brand identifier, even if you haven’t registered it with the U.S. Patent and Trademark Office (USPTO) yet.
Anyone can use the TM symbol at any time, without government approval. It’s essentially a public notice that says, “Hello customers and competitors, this is my brand, and I’m using it in business.”
Small businesses often use TM in the early stages of building a brand, before or during the trademark registration process. TM is technically meant for goods, while SM is meant for services. But this distinction is generally ignored—TM is used most often, regardless of what’s offered.
When Should You Use TM?
Use the TM symbol when:
- You haven’t filed a trademark application yet, but want to signal ownership.
- Your trademark application is pending with the USPTO.
- You’re testing brand elements before committing to full registration.
Does the TM Symbol Offer Any Legal Protection?
Using TM doesn’t give you the same legal protections as a registered trademark, but it can help establish what’s known as common law trademark rights in the specific area where you’re doing business. This means that you can use the TM symbol in the geographic region, like your city or state, where you’re actually doing business and using the mark.
Note: Common law rights generally only apply where you’ve built a reputation, unlike nationwide federal trademark registration.
Trademark registration is complicated. We help explain it.
What Does the ® Symbol Mean?
The ® symbol means that a trademark has been officially registered with the USPTO. You can only use ® after your trademark registration has been approved.
That means you cannot use ® if:
- Your trademark application is still pending.
- You only registered your trademark with your state.
- You registered the trademark in another country but not in the United States.
Until your U.S. trademark is officially registered, you should use the TM symbol instead.
How do I go from TM to ®?
Registering a federal trademark takes time and costs money. Luckily Law on Call has a comprehensive guide to obtaining a trademark.
Risks of Using ® Before Registration
Putting ® on a trademark that isn’t federally registered is more than a simple mistake. You’re not permitted to use ® until your trademark has actually been registered with the USPTO.
Here’s why.
You Could Face Legal Problems
Federal law prohibits businesses from making false or misleading claims about a trademark’s registration status. Using ® before your trademark is federally registered can create legal problems, particularly if you knowingly use it to lead people to believe your trademark is registered when it isn’t.
It Could Hurt You in a Trademark Dispute
Improperly using ® could also create problems if you later become involved in a trademark dispute. For example, if you sue another business for trademark infringement, that business could point to your improper use of ® and argue that you misled the public.
Other Common TM vs. ® Mistakes to Avoid
While you now know that you can’t use ® on a trademark before it is federally registered, there are a few other pitfalls to look out for.
Not Using ® After Registration
Once your trademark is registered, using ® can be important. Federal law can limit the damages you recover from someone using your trademark if you haven’t given proper notice of your registration. Using ® on your registered trademark is one way to give that notice.
Assuming TM Gives You Ownership of a Generic Word
A trademark generally needs to identify your business, product, or service as coming from a particular source. Generic terms usually can’t function as trademarks. For example, calling your coffee shop Coffee™ doesn’t give you exclusive rights to the word coffee or prevent other businesses from using it.
Frequently Asked Questions
Generally, no. You should use the symbol that matches your trademark’s status. If the trademark isn’t federally registered, use TM. If it is registered with the USPTO, use ®.
No. In most situations, using TM or ® is optional. However, using ® after your trademark is registered can be helpful because it gives people notice that your trademark is federally registered.
Using TM before registration can also help signal to competitors that you’re claiming the name or logo as a trademark.
That doesn’t allow you to use ® in the United States. In the U.S., ® indicates that the trademark is registered with the USPTO. A trademark registration in another country does not automatically give you a U.S. registration.
Improperly using ® does not necissarily mean you’ll lose your trademark. The bigger concern is whether you knowingly used the symbol to deceive people or the USPTO.