TM vs ®: what's the difference?
TM means you're claiming a name or logo as your trademark, and you can use it without filing anything. The ® symbol means the mark is registered with the USPTO, and you can use it only after registration, only for the goods or services listed. SM works like TM for services.
Updated November 1, 2026
When to use TM and SM
The USPTO says you can use TM for goods or SM for services even if you haven't filed an application. The symbol tells people you're claiming the mark as yours. It doesn't give you a registration, and the rights you get from use are limited to the area where you do business. You aren't required to use it.
When you can use ®
Only after the USPTO registers your mark. A pending application doesn't count, and neither does a state registration. Even after registration, the USPTO says you can use ® only with the goods or services listed in it. A mark registered for shirts doesn't get ® on your coffee mugs unless mugs are in the registration.
Why ® is worth using once you can
Under federal law, ® is one way to give notice that a mark is registered. The other accepted forms are the words Registered in U.S. Patent and Trademark Office, or Reg. U.S. Pat. & Tm. Off. If you skip notice, you generally can't recover profits or damages in an infringement suit unless the other side actually knew about your registration. Using the symbol costs nothing.
What happens if you misuse ®
The USPTO's examining manual says deliberate misuse meant to mislead the public is fraud. It also says honest mistakes are more common, such as confusing ® with ©, or thinking a state registration allows it. If an examining attorney sees ® on an unregistered mark, the attorney will point it out to you. If you've used it early, stop and fix your packaging and site. Ask a trademark attorney if it's been going on a while.
How to get from TM to ®
Registration is a filing with the USPTO, and the base fee is $350 per class. As of October 2026 the average time to registration or abandonment is 10.4 months. Search first with our trademark search, then read how to trademark a name. You'll also need your class. OpenFile isn't a law firm, and a trademark through us is filed by an attorney.
Questions
Can I use ® while my application is pending?
No. The USPTO's examining manual says a pending application doesn't permit it. Use TM or SM until the mark is registered.
Can I use TM without registering?
Yes. The USPTO says you can use TM or SM even if you haven't filed an application.
Does TM give me legal protection?
Not by itself. Any rights come from actually using the mark, and those rights are limited to the area where you do business. TM just tells people you're claiming the mark.
Do I have to use ® once I'm registered?
You aren't forced to, but skipping notice can limit the money you can recover in an infringement suit.
Can I use ® with a state trademark registration?
No. The USPTO's examining manual says a state registration doesn't entitle you to use the federal registration notice.
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