What is stronger, TM or R?
Asked by: Matilda Kuvalis | Last update: February 3, 2026Score: 4.6/5 (51 votes)
The ® (Registered Trademark) symbol is significantly stronger and offers greater legal protection than the ™ (Trademark) symbol, which is used for unregistered marks, because ® signifies federal registration with a patent and trademark office (like the USPTO in the U.S.), granting exclusive nationwide rights, while ™ only indicates a common-law claim of ownership with limited, local protection. You can only use ® after official registration, whereas ™ can be used anytime to assert rights over a mark, even during the application process.
Which is stronger, TM or R?
Each letter represents the type of legal rights the mark is protected by. A mark followed by a TM (™) indicates a common law trademark, while R (®) represents the more formal registered trademark. Registering a trademark (R) offers stronger legal protections than using an unregistered trademark (TM).
Is TM the same as R?
R gives you much greater legal protections compared to an unregistered trademark (TM). If you register your brand name or logo (otherwise known as a “mark”), you get a legal presumption of ownership over it. Anyone who challenges your ownership has a much greater burden of proof to overcome if it's registered.
Should I use TM or R?
Use ™ (TM) for an unregistered trademark to claim rights to a brand name or logo in commerce, signaling you intend to own it; use ® (R in a circle) only after your trademark has been officially registered with a national patent and trademark office (like the USPTO) for full legal protection and nationwide rights. Using ® prematurely is misleading, while ™ establishes your common law rights and deters infringement before formal registration.
Why use R instead of TM?
The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.
Difference Between TM and R in a Circle When to Use Which
What comes first, TM or R?
The circled R (®) can only be used once your good or service has been successfully registered, but the SM (℠) and TM (™) symbols can be used for common law protection while your application is pending.
Why do people put TM?
The most common reason brands or businesses use the TM trademark symbol is to discourage infringement. What does TM mean? The TM symbol means that the person using the mark is claiming common law trademark rights, such as the right to sue for trademark infringement within geographical limitations.
What is the strongest type of trademark?
Fanciful marks are devices which have been invented for the sole purpose of functioning as a trademark and have no other meaning than acting as a mark. Fanciful marks are considered to be the strongest type of mark.
Is it TM or R or C?
TM (Trademark), ® (Registered), and © (Copyright) signify different types of intellectual property; TM claims brand rights without registration, ® denotes official government registration for a trademark (strongest protection), while © protects original creative works, offering automatic protection but needing registration for lawsuits, with the key difference being TM/® for branding (names/logos) vs. © for creative content (books/music/art).
What does TM mean legally?
Legally, the ™ symbol (for Trademark) signifies that a company claims exclusive rights to a word, phrase, or logo used with goods, even if it's not federally registered with the United States Patent and Trademark Office (USPTO). It puts the public on notice of your claim, offering common law protection, but the stronger, federally-backed rights and exclusive use of the ® symbol only come after official registration, as the ™ indicates an unregistered mark or one awaiting application approval.
When to use a TM?
TM stands for trademark. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that rights in the mark are claimed in connection with specific goods or services.
How to use R and TM?
Summary: When to Use TM and R in a Circle
Use ™: When your trademark is unregistered or while you're in the process of registration. It's your claim to ownership. Use ®: Only after your trademark is officially registered.
What comes first, trademark or registered?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
What are the benefits of TM registration?
Having a registered trademark on file gives the business owner additional protections, including presumed ownership, and diminishes the burden of proof. BENEFIT 2: By registering the trademark, you ensure that your trademark is not similar to any other registered trademarks.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
Is TM or R better?
Use ™ (TM) for an unregistered trademark to claim rights to a brand name or logo in commerce, signaling you intend to own it; use ® (R in a circle) only after your trademark has been officially registered with a national patent and trademark office (like the USPTO) for full legal protection and nationwide rights. Using ® prematurely is misleading, while ™ establishes your common law rights and deters infringement before formal registration.
Which is bigger, TM or R?
Neither ™ (TM) nor ® (R) is inherently "bigger" in size, but ® (Registered Trademark) signifies a much stronger legal status and broader protection than ™ (Trademark); ™ is used for unregistered marks to claim rights, while ® can only be used after a mark is officially registered with a government patent and trademark office (like the USPTO in the U.S.), offering federal protection and the ability to sue for damages, making it legally "bigger" and more powerful for brand owners.
What is the (@) symbol called?
The at sign (@) is a typographical symbol used as an accounting and invoice abbreviation meaning "at a rate of" (e.g. 7 widgets @ £2 per widget = £14), and now seen more widely in email addresses and social media platform handles.
Is there a poor man's trademark?
A poor man's trademark is an outdated and ineffective strategy for proving ownership of intellectual property. Mailing a logo or written work to oneself provides little to no legal protection under U.S. copyright or trademark law.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What is a weak trademark?
A weak trademark is a type of trademark that is descriptive or common in usage, making it less distinctive. These trademarks may refer to a product or service in a straightforward way, which can limit their legal protection.
Is it illegal to put TM?
Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
Is it better to get a TM or a copyright?
Neither trademark (TM) nor copyright is inherently "better"; they protect different things, so the best choice depends on what you're shielding: trademarks protect brand identifiers (logos, names, slogans) for infinite duration with use, preventing consumer confusion, while copyrights protect original creative works (books, art, music, code) for life plus 70 years, preventing unauthorized copying. Often, you need both, like a trademark for your company logo and copyright for the artwork within that logo, to fully protect your brand and creative assets.