Difference between TM and R Symbols

The Difference Between  “TM” symbol and the “®” symbol are used to indicate the status of a trademark, but they convey different meanings:

  • The “TM” symbol stands for “trademark” and is used to indicate that a particular word, phrase, logo, or symbol is being used as a trademark to identify goods or services.
  •  It does not necessarily mean that the mark has been registered with the government.
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  • The use of the TM symbol can be freely done by individuals or companies without any formal registration process.
  •  It serves as a notice to the public that the user considers the associated word, logo, or symbol as a trademark, even if it has not undergone the official registration process.
  • The use of the TM symbol helps establish common law rights in a trademark, indicating that the user is claiming rights to that mark based on use in commerce.

Registered Trademark Symbol (®):

  • The “®” symbol, on the other hand, indicates that the trademark has been officially registered with the appropriate government trademark office. 
  •  In the United States, for example, it would be the U.S. Patent and Trademark Office (USPTO).

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  • The ® symbol is reserved for trademarks that have undergone the formal registration process and have been accepted and entered into the official register of trademarks.
  • Registering a trademark provides certain legal advantages and protections, including the exclusive right to use the mark in connection with the specified goods or services and the ability to take legal action against unauthorized use

In summary, the TM symbol is used to indicate a claim of common law rights in a trademark, whether or not it is registered, while the ® symbol is specifically reserved for trademarks that have undergone the formal registration process with the relevant government authority. Using the ® symbol without a valid registration can lead to legal consequences, so it’s important to use it accurately.