Using the Trademark Symbols Correctly

Using the ® incorrectly could mean you’re committing fraud. ⠀
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Don’t take it from me. This is straight from the horse’s mouth. ⠀
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The USPTO’s rule says:⠀
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“Improper use of the federal registration symbol, ®, that is deliberate and intends to deceive or mislead the public or the USPTO is fraud.” ⠀
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This isn’t meant to scare you - but rather to warn you that these (sometimes cute) little symbols can do far more harm than good if used improperly. ⠀
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™ I ℠ I ® ⠀
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These three symbols each refer to your rights in your trademark or service mark - but when can you/should you use them? ⠀
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[™] is used for an UNREGISTERED trademark. Use this mark if you have a pending trademark application for goods and want to put the public on notice that you’re claiming the rights to your symbol/word/phrase/logo/etc. ⁣⠀
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[℠] is used for an UNREGISTERED service mark. Similar to an unregistered trademark, but this is for services rather than goods. Use this mark if you have a pending service mark application.⁣⠀
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***tip: if your mark includes both goods & services, use ™⁣⠀
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[®] is used for a REGISTERED trademark/service mark. Use this only if the USPTO has approved your application for your mark. Note that you don’t *have* to use it, but if you find yourself victim to infringement, it will make it a lot more difficult to prove later on.⁣⠀
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Looking to secure that ® ? Let’s chat! ⠀
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I only have 3 Trademark slots left for January. Grab your consultation ⠀
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*Disclaimer* This post is strictly for general informational purposes only and is not intended to constitute legal advice.