INTELLECTUAL PROPERTY AND TRANSACTIONAL LAW CLINIC

March 9, 2014
MEMORANDUM
RE: Use of TM Symbol
This Memorandum is provided for informational and educational purposes only. It is
not intended to be, nor should it be construed as, legal advice.
Why Should the Symbol be used?
The use of the symbol gives notice to the public that you are claiming a
particular mark.1 In addition, the use of the symbol next to a mark tells the public that
the mark used is the mark that will be associated with that particular businesss goods or
services.2 The USPTO website indicates that the use of for trademarks is essentially a
designation to alert the public to your claim of a common-law mark.3 You do not
need to federally register the mark to use the symbol next to it, and the use of the
symbol does not provide the benefits associated with federal registration4. In addition, in
the unfortunate event that your trademark is denied by the USPTO, you may still use the
symbol associated with your product.5
How should the symbol be used?
When writing trademark within a body of text, it is best if you distinguish it from
surrounding text by using uppercase letters, bold or italic typeface, or a different font.6 In
addition, whenever possible, the trademark should be used as an adjective, not as a noun.7
The symbol should be placed on wherever the name and/or logo appear.
1

Trademarks FAQ, USPTO.ORG (2014) available at

http://www.uspto.gov/faq/trademarks.jsp.
2
See Id.
3
Id.
4
Id.
5
Id..
6
TRADEMARKS: IDENTIFYING AND PROTECTING YOUR RIGHTS, USPTO Power Point
Presentation, available at
http://www.uspto.gov/web/offices/dcom/olia/ip_mrkt_place/04trademark_nashville.ppt
(see slide #55.)
7
Id.

There are three common methods for placement: (1) Place the right beside the
trademark and logo every time it is used8; (2) Place the right near the first use of the
trademark, then provide a footnote that describes it (if in a body of text); or (3) set all
trademark words in bold, italic, uppercase or alternative font, and then provide a footnote
that describes the trademark.9
Lastly, Microsoft Word allows you to insert the right into your document via
the insert symbol function in the edit or insert menu. In html, insert the mark by adding
&trade.

Conclusion
The symbol could be used next to your trademark and logo until you receive
federal trademark registration. After that, you will be able to use the symbol. Although
the symbol does not carry federal protection, it lets you tell the public that this mark is
yours and that you have laid claim to it.

Marking Requirements, INTERNATIONAL TRADEMARK ASSOCIATION (2014), available at

http://www.inta.org/TrademarkBasics/FactSheets/Pages/MarkingRequirementsFactSheet.
aspx
9
Id.