TM vs. ®
- The "TM" symbol indicates an unregistered trademark, meant to assert ownership over a brand or mark.
- The "®" symbol signifies a registered trademark with the United States Patent and Trademark Office (USPTO).
- Anyone can use the TM symbol without registration, it claims rights without formal registration.
- Full benefits and protections of a trademark, including nationwide protection and the right to sue for statutory damages, come with formal registration.
Use and Protection of Unregistered Trademarks
- While you can use the TM symbol without a registered trademark, it only provides limited legal rights within the geographic area the mark is used.
- The onus is on the business using the TM symbol to prove prior use in the case of a dispute.
- Owners of unregistered trademarks might not be entitled to statutory damages under federal law, and are instead limited to actual damages.
Registration: Is it Necessary?
- Federal Protection: An unregistered mark doesn’t enjoy nationwide protection.
- Proof of Prior Use: The business using the TM symbol must prove prior use in legal disputes.
- Statutory Damages: Owners of unregistered trademarks may not be entitled to statutory damages under federal law.
- Using an unregistered trademark is likened to using a public park; you may use it, but so may others.
Trademark Registration Process
- Certain procedures must be followed to apply for a trademark.
- A trademark search is advised before attempting to register to avoid conflicts.
- Registering a trademark establishes legal ownership and exclusive rights under its class.
Frequently Asked Questions
Can I use TM for an unregistered trademark?
Yes, the TM symbol can be used for unregistered trademarks to indicate the claim of a mark.
Can I use a trademark that is not registered?
Yes, you can use it, but doing so does not offer the same protection as a registered trademark and may affect legal enforceability.
Can I register a trademark myself?
Yes, individuals can apply for a trademark following the correct procedures.
Should I copyright or trademark my logo?
Trademarks are appropriate for logs as they identify a company or brand.