Proper Use of TM, SM, and ®

The initials TM are a recognized abbreviation for trademark. The ™ symbol, which is usually placed behind the mark, indicates that the owner claims the term as a trademark. It is not necessary to have a registration, or even a pending application, to use this designation.

In the event the mark is to be used in association with particular services instead of goods, the mark owner may use the ^SM symbol to designate a term as a service mark. A service mark is simply a trademark used to identify a service rather than a product.

As an alternative to using the ™ or ^SM symbols, a trademark owner can use a trademark credit line at the bottom of the text to denote ownership of a mark. For example, at the bottom of a webpage or marketing brochure which contains a particular mark, the owner can indicate ownership of that mark by including language such as “ZZZZ is a trademark (or service mark) of ABC, Inc.”

If the trademark is registered, however, the owner may use the ® symbol next the term. The registration symbol, ®, may not be used until the USPTO has issued a Certificate of Registration for the mark. In all cases, the mark should be used consistently to enable it to develop significance as a “source indicator.”

Please contact us if you have any questions or would like more information about the proper use trademark symbols.