When Should You Use ® Instead of ™?

The Trade Mark Symbol Signals a Claim, Not a Registration

The ™ symbol can be used with any word, name, logo, or slogan you’re using as a trademark, regardless of whether you’ve filed anything with the USPTO. It signals to the public that you’re claiming trademark rights in that mark based on your actual use in commerce, common-law rights, in other words.

This makes ™ a useful, low-risk way to put competitors and the public on notice of your claimed rights while a federal application is pending, or even if you’ve decided not to pursue federal registration at all.

The Registered Symbol Requires Actual Federal Registration

The ® symbol can only be used once the USPTO has actually granted federal registration for that specific mark, in that specific class of goods or services. It cannot be used while an application is merely pending, no matter how confident you are it will eventually be approved.

This distinction matters because ® carries real legal weight, it represents to the public and to competitors that your mark has cleared the full federal examination and publication process and has been formally registered.

Why Using ® Prematurely Is a Real Problem

Using ® before registration is actually granted is considered improper and can undermine your credibility if the issue is ever raised in litigation or during examination of your own or a related application. In some circumstances, it can also be used against you as evidence of bad faith or misrepresentation.

This is an easy mistake to make, especially for a business owner excited about a pending application who assumes approval is a formality. It’s worth double-checking your actual registration status, not just your application status, before using ® anywhere in your marketing.

Does This Apply to Copyrights Too?

This question often comes up alongside trademark symbols, but the copyright symbol (©) works differently, it can be used on any original work you’ve created, since copyright protection is automatic upon creation, regardless of registration status. This is a meaningfully different rule than the trademark symbols.

Confusing these two symbol systems, applying trademark logic to copyright notices or vice versa, is a common but avoidable mistake in business marketing materials.

Do You Have to Use Any Symbol at All?

No, using ™ or ® is not legally required to have or enforce trademark rights, but using them consistently provides real practical benefits: it puts the public on clear notice of your claim, can support arguments about willful infringement if someone later infringes despite the notice, and generally signals professionalism and brand awareness.

Consistency matters here, using the correct symbol every time the mark appears in your materials, rather than sporadically, presents a more credible, defensible claim to your rights.

Quick Reference for Which Symbol to Use

• ™: any mark you’re using and claiming rights in, registered or not.
• ®: only after actual federal registration is granted by the USPTO.
• ©: any original creative work, automatic upon creation, registration not required to use it.
• No symbol at all: still legally permissible, but forgoes the practical notice benefits.

Steps to Confirm Your Actual Status Before Using ®

1. Check your application’s actual status directly through the USPTO’s systems, not just your own assumption.
2. Confirm registration has actually been granted, not just that the application was approved for publication.
3. Update your marketing materials promptly once registration is actually confirmed.
4. Use ™ consistently in the meantime while your application remains pending.