What the TM symbol means

The TM symbol, which is often written as superscript text as ^TM or can be written as a the ™ symbol, simply means that the owner of that name is using the mark as a trademark. Sometimes people use the TM symbol for their servicemarks.

The TM symbol indicates to the world that the person who makes or sells the product bearing the name or mark is using that as a trademark. That person may have filed for a state trademark application or a federal trademark application, however this is not a requirement. To repeat, you do not have to file a trademark application to use the TM symbol. Conversely, only people who have a federally registered trademark can use the "circle R" ® symbol.

The TM symbol helps the user of that mark estatblish common law trademark rights. These common law rights can later be extended to state or federal trademark applications, thus establishing use earlier than the filing of the application.

Our law firm recommends that all producers of goods place the TM symbol by their respective marks. It is not required to place the little TM by every use, which on packaging or literature can be quite tedious.

We also recommend filing a federal trademark application as soon as possible. Common law trademark rights will protect you in the geographic areas where you use your mark; they will not protect you nationwide or throughout the world.

To prepare and file a basic trademark application, including consultation with an attorney, our firm charges $400 (plus USPTO filing fee of $325).

To contact us, fill out the form on this page, call us at 858-350-3124 (San Diego) or toll free at 800-361-1961.

For additional trademark information resources, please visit our trademark resources page.