Trademarks: What do the trademark symbols mean?
Q: I have a new product and I would like to start using a trademark on the product when it hits the shelves. What is the difference between the ™ and ® symbols and can I use either symbol on my product?
A: A ™ symbol can be used on a trademark that is not federally registered. If your trademark is unregistered, or you have a trademark application that is pending registration with the U.S. Patent and Trademark, you may use the ™ symbol on your mark. The ™ symbol serves as notice to others that you are using a word, slogan or design as a trademark, and the symbol deters third parties from using the same or similar mark. Once a trademark is federally registered, you may use the ® symbol as notice to others that the mark is federally registered. In fact, the failure to use the ® symbol may act as a limitation of damages in the event of infringement in that your damages may start running later (such as after the infringer receives actual notice of the infringement charge) rather than if notice had been given by use of the ® symbol.
Submitted by:
Kimberly S. Grimsley, Esq.
Bowie & Jensen, LLC
29 W. Susquehanna Ave., Ste. 600
Towson, Maryland 21204
Published with permission from Bowie & Jensen, LLC a LawPact member firm.
Since 1980 the AV-rated law firm of HALE BALL MURPHY, PLC has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.
Use the contact form on this page to schedule a consultation, or call 703-591-4900.
The transmission and receipt of information contained on this website, in whole or in part, or communication with the HALE BALL MURPHY, PLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.
Our Office
10511 Judicial Dr
Fairfax, VA 22030
Let us fight for you
Schedule a Consultation
We will use the information you provide on this form to connect and schedule a consultation with you to go over your legal needs. The transmission and receipt of information contained on this website, in whole or in part, or communication with the HALE BALL MURPHY, PLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.