When to Use the Registered Trademark Symbol ®, TM Symbol, and SM Symbol
Circle R ® Symbol
The registered trademark symbol ® can be used if a trademark is registered with the appropriate government agency. In the United States, the appropriate agency is the US Patent and Trademark Office (“USPTO”). State trademark registration does not confer the right to use the symbol. Use of the ® is not required and failure to use it does not result in loss of rights.
If you are looking for a JPG of the Circle R to download, feel free to use this one.
TM Symbol and SM Symbol
If the mark is not registered with the USPTO, the TM Symbol can be used for a trademark and the SM Symbol for a service mark. Use of the TM and SM indicate that the owner claims trademark rights from use of the mark. You can read more about unregistered trademark rights at https://hartmanslaw.com/unregistered-v-registered-trademark-rights/.
Do Not Use the Circle R Without Registration
Use of the registered trademark symbol ® without a USPTO registration is prohibited by law. Filing an application to register a trademark does not entitle the applicant to use the ® symbol, and premature use can result in denial of the trademark application.
How to Use the ®
Use of the Circle R varies widely. Some companies minimize the Circle R in logos, while others make the symbol prominent. The iconic POPSICLE® logo, seen at www.popsicle.com/sicle-trademark-family/, incorporates a tiny Circle R. The Circle R is nowhere to be found on minimal high recognizable Apple Inc. logo. By contrast
As always, it is recommended that you consult with an attorney regarding your particular situation. Feel free to call Eric Eagle Hartmans at (310) 954-8512 to discuss trademark matters.
