Trademark-Basics: Difference between ™ and ® symbols

Veröffentlicht am: 6. August, 2016

What is the difference between  and ® ?! Most people think that they can be used as substitutes as they mean the same thing. But in reality, they connote entirely different things. We show you the differences:

Before going into detail you must know that a trademark may be registered or unregistered. When a business has a trade mark, it does not always mean that the trademark is registered. Not all businesses choose to register their trademark.

This brings us to the difference; when a brand name has ™ symbol as a suffix, this means that the trademark is not registered. You can only use the TM symbol even if you have initiated the process of registering your trademark, not the ® sign. The “TM” symbol sends out a signal to potential infringers that you are claiming the trademark. If anybody infringes the trademark the remedy is not a statutory remedy, it is the common law remedy of passing off.


The ® symbol means that the mark has been registered (the registration process is completed, the trademark is protected). Once the registration of your trademark has been approved by the appropriate authority and has been published in the Trademark Registry you can use the ® symbol. This indicates that any infringement will mean that the aggrieved party can resort to a statutory remedy and seek compensation from the infringer.

The important thing to keep in mind is that you cannot use ® symbol for unregistered trademarks. Particularly, you can not use ® symbol to your trademark unless and until it has been registered. You can only use TM symbol for the unregistered trademark.


Do you want to have your trademark registered?

No problem – we’re experts in this! Reach out for a free callback without any obligations from us – today. Our patent attorneys and attorneys at law will help you protect your brand. Promised! 🙂


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Image: TheDigitalArtist / / CCO License  

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