Trademark Symbol

You see a little ™ next to the price tag on licensed NBA clothing, NASCAR hats, George Foreman grills. But what does the little ‘TM’ mean? And is it really necessary for an item to have the trademark symbol near its name?

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

What is a trademark symbol?

The trademark symbol is a symbol used to provide notice that the preceding mark is a trademark. Using the trademark symbol does not mean that a symbol is registered. A registered trademark symbol is legally enforceable. If the TM symbol is used, this is not legally enforceable. The trademark symbol only lets people know you have claimed a product name without having the name federal registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.

How do I make the trademark symbol on a computer?

The trademark symbol can be created by either pushing the option and a 2 on the Mac or entered by holding down the Alt key on a computer and simultaneously typing the numbers 0, 1, 5 and 3 on a PC.

How much does it cost to register a trademark symbol?

A trademark symbol can cost $325 to register a particular service or product. And an example of your trademark must be included with the registration form to get a product trademark symbol. The United States Trade and Patent Office may search to see if the proposed trademark symbol is currently being used. USTPO staff will review applications and see that trademark symbols fit certain guidelines.

What are some reasons a trademark symbol may not be approved?

A trademark symbol may not be approved if it is primarily a surname, it is merely functional or it is merely descriptive or deceptively descriptive. Trademark symbols may also not be approved if they include the name of a living person or identify that person without consent or uses the U.S. flag.

Should you always use the trademark symbol next to a registered product name?

By not including the trademark symbol when it appears in your own graphics, is opening yourself up to the possibility of allowing others to copy your logo. They can claim that the owner failed to identify the logo as a registered trademark and had no trademark symbol. Individuals can claim they didn’t know it was trademark infringement. It is not required that an individual use a trademark symbol next to the product name.