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Strategy Session – Use of Trademark Symbols (™ versus ®)
Clients will occasionally ask us when it is appropriate for them to use the ™ symbol next to their trademark, and when it’s appropriate to use the ®. You may be wondering this as well. Before we answer, it’s important to first understand that in the United States, trademark rights are acquired through use of the mark. In other words, merely by using your trademark in connection with your products or services, that mark may gain enforceable trademark rights. While federal registration of your mark has many benefits, it is not required. In fact, a quick review of your company’s website and marketing materials may show that it is already using a number of unregistered trademarks, such as word marks, slogans, or logos.
Which to use?
Use of the ™ symbol is appropriate to indicate you are claiming rights in an unregistered mark. While the symbol doesn’t have any substantive legal effect, it may help dissuade third parties from adopting similar marks in the future.
Once you have secured registration of the mark with the United States Patent & Trademark Office, may you use the ® symbol. Keep in mind that the ® symbol should only appear where the mark is being used in connection with the goods or services that are the subject of the registration.
How to use?
The symbol should generally follow the mark (XYZ™ auto parts, Starbucks® coffee). In the case of a logo, the symbol usually appears at the upper or lower right. The exact placement will depend on how the mark is presented.
When to use?
Whichever symbol is appropriate for your mark, it’s not necessary to use it every single time the mark appears on your website or in marketing materials. Overuse can make content look awkward. Instead, use the symbol judiciously, such as where the mark appears most prominently, or the first time it appears at the beginning of a press release or other text-heavy material.