Trademark symbols are used to alert the public to a claim of rights in a specific trademark.
When trademark rights are claimed, the “TM” (trademark) or “SM” (service mark) designations are generally used to alert the public to the claim, regardless of whether an application has been filed
with the USPTO.
Use of the symbols “TM” or “SM” are governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted.
These designations usually indicate that a party claims rights in the mark and are often used before
a trademark registration is issued.
® The Federal Trademark Registration Symbol
The federal trademark registration symbol, (a capital letter R in a circle) “®” may only be used after
the USPTO actually registers a mark, and not while an application is pending.
The registration symbol may only be used with the mark on or in connection with the goods and/or services listed in the federal trademark registration.