Have you ever wondered about the distinction between that little TM symbol and the circle R symbol when it comes to trademarks? Once you understand this difference, you won't be able to unsee it.

Understanding Trademark Rights: Common Law vs. Federally Registered

In the United States, there are two primary layers of trademark protection, and understanding them is essential for safeguarding your brand. You need to understand these two layers of rights in order for the symbols to make sense.

Common Law Trademark Rights: One layer of trademark protection is what we call common law or automatic trademarks. Simply by being in business and using your brand name or logo, you automatically gain some trademark rights. However, these common law rights are relatively weak and not very reliable for long-term brand protection.

Federally Registered Trademark Rights: Registered trademark rights, on the other hand, offer a much stronger form of protection. To gain these rights, you must apply for and obtain trademark registration from the United States Patent and Trademark Office (USPTO). This process involves paperwork and fees, but the benefits are substantial. A registered trademark gives you nationwide protection, legal presumption of ownership, and the exclusive right to use the mark in connection with the goods or services specified in your registration.

TM Symbol vs Circle R Symbol

The key difference between the two symbols lies in that distinction between common law trademark rights vs registered trademark rights. Let's break it down.

The TM Symbol: The TM symbol means you are claiming common law trademark rights. You can use the little TM symbol next to your business name or logo without any formal registration or fees. It's a way to indicate that you're claiming rights to your brand, even if you haven't gone through the official trademark registration process yet.

The Circle R Symbol: On the other hand, the circle R symbol (®) signifies a registered trademark. To use this symbol, you must first apply for trademark registration, a process that involves paperwork, fees, and time. It can take over a year for your trademark application to be accepted and to secure your trademark registration. However, it's an investment that pays off. When you obtain the Circle R, it provides solid proof of exclusive ownership of your brand.

Having the Circle R symbol next to your brand name or logo sends a powerful message to others—it says you're serious about building and protecting your brand. It demonstrates that you've taken the necessary steps to secure your intellectual property.

What Should You Do?

If you haven't already, start using the TM symbol to indicate your claim to your brand. It's a simple way to begin establishing your trademark rights. However, don't stop there. Waiting to initiate the trademark registration process means delaying the added protection and prestige that comes with the Circle R symbol. It's a step worth taking to ensure the long-term security and success of your brand.

In conclusion, understanding the difference between TM and ® symbols is crucial for any business owner. While the TM symbol is a good starting point, working towards obtaining the Circle R symbol through trademark registration provides your brand with a higher level of protection and credibility in the competitive business world. So, why wait? Take the necessary steps to protect your brand and start using that Circle R proudly.

Are you ready?

Now, if you're ready to take that important step in safeguarding your brand, don't hesitate to reach out to Indie Law. We are specialists in trademark law and will handle the entire process for you. If you are unsure - Indie Law has secured over 900 trademarks for brands across the US and is 5* rated on Google with 130+ reviews from satisfied clients! Book a call with our knowledgeable and friendly team today, and we'll take care of everything, ensuring a smooth and successful trademark journey. So what are you waiting for? Start the process to protect your brand TODAY by giving Indie Law a call. Your brand deserves protection – let Indie Law make it happen!