Answers
What is the difference between tm and r?
In US IP practice, “TM” and “R” both relate to trademark rights, but they usually mean different levels of registration. Here’s what each mark typically signals—and what you should do next.
Quick answer: what “TM” vs “R” usually means
In the US, “TM” stands for an unregistered trademark. You can use “TM” to claim that you’re using a brand name, logo, or slogan in commerce, even if the mark is not registered with the US Patent and Trademark Office (USPTO).
“R” in a circle (®) is generally used only for trademarks that are registered with the USPTO. In other words, it usually signals that your trademark has gone through USPTO registration.
These are common symbols, but details matter. Trademark law and proper use can vary by situation, so it’s smart to double-check before adopting a symbol.
What “TM” typically covers (unregistered trademarks)
A trademark is a word, phrase, symbol, design, or combination used to identify and distinguish goods or services. When you use “TM,” you’re typically telling customers and competitors that you claim rights in that mark.
With an unregistered mark, rights often come from actual use in the marketplace. For example, using the mark on packaging, a website, invoices, or ads can support trademark rights in the geographic areas where you do business.
“TM” does not mean the USPTO has examined and approved your mark. You may still want to consider filing with the USPTO, especially if you plan to grow beyond your current area.
What the “R” symbol typically covers (registered trademarks)
A registered trademark means the USPTO has issued a registration after examining the application (and after any issues raised during the process, if any). Once registered, you generally can use the ® symbol.
Using ® can be helpful because it signals to the public that the mark is registered. Registration can also affect how certain disputes are handled, depending on the facts.
Important caution: only use ® when you actually have a USPTO registration for that specific mark. Using ® incorrectly can cause problems.
How to choose between “TM” and “R” in practical terms
If you’re using a brand now but you haven’t filed with the USPTO (or you haven’t received registration), “TM” is usually the safer, more common choice.
If you have a USPTO registration, ® is usually appropriate. In the US, you typically protect the mark in the specific goods/services and classes shown in your registration.
If you’re unsure whether your mark is registered, you can check official records through the USPTO. If you want guidance tailored to your situation, we can help you find a licensed US trademark attorney or other qualified professional to review symbol use, filings, and next steps.
What to do next if you’re not sure (without sharing confidential details)
If you’re deciding what to display on your website, packaging, or ads, start by identifying exactly what you’re using (name, logo, slogan) and where you’re using it. You can also note the approximate date you first began using the mark in commerce.
If you’re considering USPTO filing, it helps to understand whether your mark is already in use by someone else (often called a trademark search). A professional can review your proposed mark and the relevant classes of goods/services.
FiledClaim is free. We help you find and connect with a licensed trademark attorney or other qualified IP professional who can answer questions about “TM” vs “R” for your specific case. You can describe your situation in a short, non-confidential way when you request help.
“TM” usually means your brand mark isn’t USPTO-registered yet, while “®” usually means it is registered—confirm your status before using ®.
Common questions
Can I use “TM” even if I never filed with the USPTO?
Yes. “TM” is commonly used for unregistered trademarks to signal you claim rights based on your use in commerce. It does not mean the USPTO has approved or registered the mark.
When can I use “®” in the US?
You generally use ® only when your trademark is registered with the USPTO. If you do not have a registration for that exact mark, you should not use ®.
Does “TM” mean my trademark is protected nationwide?
Not automatically. Trademark rights can depend on where and how you use the mark. USPTO registration can provide broader benefits, but exact rights depend on the facts and the registration scope.
What’s the biggest mistake people make with these symbols?
Using ® without a valid USPTO registration, or using it for a different mark or different goods/services than what is registered. If you’re unsure, verify your registration status before using ®.
Can FiledClaim file a trademark application for me?
FiledClaim helps you understand options and get connected with a licensed trademark professional, but we’re not a law firm and we don’t file applications ourselves. For filing, you’d work with a qualified professional you choose.