Tips from the Trademark Insider: The Proper Use of Trademark Symbols

You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration.

The Federal Registration Symbol ® can only be used after the mark is actually registered in the United States Patent and Trademark Office. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered.

Also, and we have been seeing more of this of late - major corporations are moving towards not only using the ® designations but also using subscript phrases next to their registered marks stating simply "Registered Trademark" or "Trademark Registered".

So use the symbol or word designation that best fits your mark and model knowing you can use the superscript TM for trademark or SM for service mark at any time but must wait until your mark is registered to use the ® designation.

The Trademark Company