The ™ symbol means you’re claiming a word, name, phrase, or logo as your trademark. Anyone can use it — no registration required. It’s a way of putting others on notice that you consider the mark yours.
This is the most common misconception. The ™ symbol has nothing to do with federal registration. It simply signals that you’re treating something as a trademark. You can start using ™ the moment you begin using a mark in commerce — whether or not you’ve filed anything with the USPTO (the U.S. Patent and Trademark Office).
The ® symbol is different. That one is reserved for marks that have been officially registered on the USPTO’s Principal Register. Using ® on an unregistered mark isn’t just inaccurate — if you ever need to enforce your trademark rights, it can work against you.
Placing ™ next to your brand name or logo puts the public on notice that you’re claiming trademark rights. It doesn’t guarantee those rights, and it doesn’t mean your mark is legally protected, but it does communicate intent.
Combined with consistent use in commerce, ™ also helps you establish common law trademark rights — a form of protection that exists even without federal registration, but is limited to the geographic area where you actually use the mark.
The difference comes down to registration status:
Many businesses use ™ while their federal trademark application is pending. Once the USPTO approves and registers the mark, they switch to ®.
If you’re actively using a name, logo, or slogan in your business and want to signal that you consider it your trademark, using ™ is a reasonable step. It costs nothing and communicates that you take your brand seriously.
That said, ™ alone doesn’t give you the strong, nationwide protection that federal registration provides. Federal registration through the USPTO is what gives you nationwide rights and the ability to use the ® symbol. If you’re building a brand worth protecting, a comprehensive trademark search is the right starting point before you file.
Can anyone use the TM symbol? Yes. There’s no registration requirement for ™. Any business or individual can use it on a mark they’re claiming as their own, as long as they’re using the mark in commerce.
Does TM mean my trademark is protected? Not automatically. It signals your claim, but it doesn’t guarantee exclusive rights. Federal registration through the USPTO provides significantly stronger legal protections.
Can I use TM while my application is pending? Yes — and many businesses do. Once your application is approved and your mark is registered, you’d switch from ™ to ®.
What happens if I use ® without being registered? Using the ® symbol on an unregistered mark can be considered fraudulent misuse. Stick to ™ until your registration is officially granted.
Is TM the same as SM? They work the same way — both indicate an unregistered mark. The difference is that SM (service mark) is used for services, while ™ is typically used for goods or a combination of goods and services.
Ready to protect your brand the right way? Using ™ signals your intent — but it doesn’t tell you whether someone else already has prior rights to a similar mark. A comprehensive trademark search tells you whether the path is clear before you invest further in your brand.
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