What is the difference between a trademark and a registered trademark?
Asked by: Dr. Jessica Kessler | Last update: June 13, 2026Score: 4.2/5 (64 votes)
A trademark (™/℠) identifies your brand but offers limited, local protection based on common law use, while a registered trademark (®) signifies formal government registration, granting nationwide rights, nationwide legal presumptions of ownership, and access to federal courts for stronger enforcement. You can use ™ for goods or ℠ for services to claim rights without registration, but only use ® after your mark is officially registered, which provides significantly better legal backing.
What is the difference between a trademark and registered trademark?
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).
What is the main difference between a registered trademark and an unregistered trademark?
A registered trademark is protected under the Trademarks Act while an unregistered trademark can claim its property under common law. Contact the Lawyer Referral Service of Central Texas (LRS) to find an attorney that can help you prevent infringement or to understand how to register your property.
What is the definition of a trademark?
A trademark is a unique sign (word, phrase, symbol, design, or combination) that identifies and distinguishes a company's goods or services from competitors, acting as a source identifier for consumers and a form of intellectual property. Its core concept is to prevent consumer confusion by guaranteeing a consistent quality or brand experience, offering legal protection against unauthorized use and fraud for the owner.
What is the difference between TM and R on products?
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.
Lawyer Explains | TM vs SM vs ® Registered Trademark Symbol - The Differences and When To Use
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
How long is a trademark valid?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What is better, trademark or LLC?
A trademark alone can't protect your assets from legal liability. For that, you'll need an LLC. An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission.
Can I use a trademark without registering it?
Businesses may use the ™ symbol (note that service businesses use an SM symbol) to indicate that they consider a mark to be their trademark, even if it is not registered. This symbol provides notice to others of your claim of exclusive rights to the trademark.
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's the difference between a registered and unregistered trademark?
Unlike registered marks, unregistered trademarks lack presumption of validity and ownership, making infringement disputes harder to win. If another business registers a similar mark, the unregistered trademark owner may be forced to stop using it outside their established market.
Is it better to patent or trademark?
Purpose: Patents protect inventions, while trademarks protect brand names, logos, and other identifying factors. Granting Authority: The government grants patents to inventors, while businesses use trademarks to identify and distinguish their goods or services.
What is an example of a registered trademark?
The McDonald's golden arches design is an example of a registered trademark in special form format. The company Nike registered this trademark in special form format, combining the stylized word Nike with their swoosh logo.
Can you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.
How much does a trademark usually cost?
A federal trademark costs a base fee of $350 per class of goods/services to the USPTO official website (U.S. Patent and Trademark Office), but additional surcharges for complex applications (like using free-form text) and attorney fees (if used) can significantly increase this, potentially reaching hundreds or thousands of dollars, plus ongoing renewal fees. State trademarks are cheaper ($15-$70) but offer limited, state-only protection.
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.
What are the benefits of registering a trademark?
These benefits include the right to file suit in federal court for alleged trademark infringement, to bar others attempting to register the same mark in a similar commercial field, and to prove ownership of the mark in the event of a domain name dispute by a third party.
Do I need a lawyer to trademark something?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I put TM on my logo?
If your trademark is a logo or design, put TM or ® on the right side of your wordmark (names, terms, phrases) and in subscript so that it is in the lower-right corner. Alternatively, you can put the trademark symbol in the logo.