Ⓡ vs. ™?
Author: Enrico Schaefer
Clients and prospective clients alike are often confused as to which trademark symbol they can use and when. There are various options available. First, the registered ® symbol, which is displayed in superscript form next to the mark with a capital R enclosed by a circle. Second, is the ™ symbol, which is displayed in superscript form next to the mark with capitol T and a capital M. Third, is the service mark symbol known as ѕм, which is displayed in superscript form next to the mark with a capital, S and a capital M. Trademark owners should not use these interchangeably as each has a very specific meaning.
The registered R symbol is reserved for trademarks that are registered with the United States Patent and Trademark Office. However the registered R symbol, it is not only reserved for trademarks that are registered with the USPTO but also for service marks that are registered with the USPTO. . Keep in mind, the only difference between a trademark and a service mark is that the mark is used with goods or products for a trademark, where as the mark is used with services for a service mark.
There is only one kind of registered symbol, and that is the registered ® symbol. A similar symbol, with a very different meaning, is the copyright symbol, which is epitomized by a small c with a circle around it, or © That is for copyrights only and should never be used with a trademark to identify designation, although it may be displayed if indeed the logo or other design is subject to both copyright and trademark protection. People should also understand that the registered trademarks symbol may also be used on marks that are not registered with the USPTO if they are registered in other countries. Therefore, it usually takes researching and, effort to determine whether or not the registered ® symbol is referring to a United States federally registered trademark or some other trademark registered in a foreign jurisdiction. Continue reading When Can I Use a Registered Ⓡ vs. Common Law ™ Trademark Symbol? »