TM vs Registered Trademark Symbol: When to Use Each

Use TM (or SM for services) on a name or logo you claim as a trademark, registered or not. Use the circle-R only after the USPTO has registered the mark, and only for the goods or services listed. Add a copyright notice (c, year, owner) if you like. Say patent pending only while a real application is on file.

Startup lifecycle A to Z · Letter M · Stage: Launch

By the Revolutionary Startups editors · Reviewed 11 November 2026 · 13 min read · 2,854 words

Why notices matter and what they actually do

Small marks and phrases, like TM, the circle-R, the copyright symbol and "patent pending," show up on websites, packaging and apps everywhere. Founders often copy them from competitors without knowing the rules behind each one. That is a problem, because some notices are optional signals and others carry legal consequences if you use them wrongly.

It helps to sort them into three groups:

Notices that claim a right you may not yet have: TM, SM and patent pending. They put the world on notice that you are asserting a mark or have applied for a patent. They are generally safe to use when the underlying claim is genuine.
Notices that depend on a government grant: the registered symbol and a patent number. Using these without the grant can be a mistake with real consequences.
A notice that is optional but useful: the copyright notice.

None of these notices creates the underlying right. A trademark exists through use in commerce. Copyright exists once an original work is fixed in a tangible form. Patents come only by grant. The notices tell others what you claim, and in some cases they affect what you can recover if someone infringes. The sections below take each in turn. For a short overview of how the three rights differ, the USPTO's page on trademark, patent or copyright is a useful companion.

TM and SM: when to use the trademark symbol

TM stands for trademark and is used for goods, such as a product name or logo. SM stands for service mark and is used for services. Both are ways of saying: we claim this name or logo as a brand.

Who may use TM or SM

Anyone who is genuinely using a name, logo or slogan as a brand. There is no registration needed, no filing and no fee. You can use TM the day you start selling under the name, and you can use it while a trademark application is still pending.

When to use it

On a new product name or logo as soon as you start using it publicly.
On a name you have applied to register but that the USPTO has not yet approved.
On a name whose registration was refused, if you intend to keep using it as a common-law mark and a lawyer agrees that is sensible.

What it does and does not do

TM tells the public you claim the name as a brand. It does not mean the name is protected nationwide, it does not stop someone else with earlier rights, and it does not mean the name is available in the first place. Whether you have rights depends on who used the name first, in what field and where. Before you invest in a name, run a search: our guide to trademarking your startup name walks through it, and Wysebridge's free trademark law guide explains how the USPTO search and registration process works.

The registered trademark symbol: who can use it and when

The circle-R is different. It signals that the mark is registered with the USPTO. In the U.S., it is generally meant for marks that have actually been registered on the federal register, and the registration covers specific goods or services.

The rules in plain terms

Wait for registration. Filing an application is not enough. A pending application earns TM, not the circle-R.
Use it only for the goods or services in the registration. If your registration covers software but you also sell coffee mugs under the name, the circle-R belongs only with the software.
Use it on the mark as registered. A different version of the logo or a changed spelling may not be covered.
A foreign registration does not qualify in the U.S. For U.S. use, the symbol is generally tied to a U.S. registration, and rules in other countries differ.
State registration is not federal registration. Do not use the circle-R based on a state filing alone without checking with a lawyer.

Why misuse is risky

Using the registered symbol on a mark that is not registered misleads the public about the status of your rights. In disputes, misuse can be raised against you as bad conduct, and it can damage your credibility and in some cases your ability to get relief. The USPTO has also pushed back on improper use of the symbol. How serious the consequences are depends on whether the misuse was careless or intentional, but there is no good reason to take the risk. If registration is pending, keep using TM until you see the registration issue.

If you are planning to register, the USPTO base application fee is $350 per class of goods or services. Our guide to trademarking your startup name covers the steps, and you should confirm current fees on the USPTO website.

Copyright notice format: the little c and what goes in it

A copyright notice is the symbol or the word "Copyright," the year, and the name of the owner. For example: © 2026 Example Co. or Copyright 2026 Example Co. The abbreviation "Copr." is also recognized, but the symbol or the word is better.

Is it required?

No. For works published today in the U.S., copyright exists without any notice, and you do not have to register to have it. But a notice is cheap and has benefits. It tells people the work is protected and who to ask. It also helps defeat a claim by a copier that they did not know the work was protected, which can matter when damages are being decided. Registration with the U.S. Copyright Office is a separate step with its own benefits. Wysebridge's free copyright guide explains registration and what copyright covers.

Formatting details

Symbol or word: the circle-c or the word Copyright. The letter c in parentheses is not the standard form.
Year: usually the year of first publication. For a work updated over time, some owners use a range, such as 2024 to 2026. Ask a lawyer how best to handle updates for a product that changes often.
Owner: the legal owner of the copyright, normally the company, not an individual employee. If a contractor created something without a written assignment, the company may not be the owner at all; see employee and contractor IP agreements.
Sound recordings use a different symbol (a circle-P) for the recording itself.

Patent pending and patent numbers: what you may say, and when

Patent notices are the area where mistakes cost the most, and they are two different notices that people often mix up.

Patent pending

"Patent pending" (or "patent applied for") means a patent application has been filed with the USPTO and has not yet been granted or abandoned. A filed provisional application counts as an application for this purpose, even though a provisional is never examined into a patent by itself; it lasts 12 months. The details are in our guide to the provisional patent for startups.

Important points:

It gives no legal protection. It only warns others that you may have rights later. It does not stop anyone from copying today.
It is not a claim that a patent will be granted. Many applications are rejected or narrowed.
Use it only while an application is pending. If the application is abandoned, expires or is granted, the phrase should change. Once granted, use the patent number instead.
It requires a real filing. Saying patent pending when nothing has been filed, or when you merely plan to file, is not accurate.

Patent numbers and marking

After a patent is granted, you can mark products with the word "patent" or "pat." and the number, for example "U.S. Pat. No. 0,000,000" (use your real number). Marking matters because, under U.S. law, a patent owner who sells products covered by the patent generally has to mark them, or otherwise give actual notice to an infringer, to recover damages for infringement. Marking products does not create the patent, but failing to mark can limit what you recover.

Virtual marking

The law allows "virtual marking": put the word "patent" or "pat." with a web address on the product or packaging, and publish the list of patents that cover the product at that address. This is useful for software, small items and products with many patents. Keep the web page current. Wysebridge's free guide to U.S. patent law explains how applications and grants work, which helps you know which notice applies at each stage.

The risk of false marking and false claims

Using a notice that is not true can cause trouble in three ways.

Misusing the registered symbol

As covered above, the circle-R on an unregistered mark misleads the public. Besides the credibility problem, it can be used against you in a dispute or in the USPTO process.

False patent marking

U.S. law prohibits marking an article with a patent number that does not cover it, or with "patent" or a patent number, with the intent to deceive the public. It also covers marking items with an expired patent number. In the past, private individuals could sue for fines and the law was heavily used. Congress limited this in 2011, so that the government can seek penalties and a private party generally has to show it suffered competitive injury. Even so, a false claim can still lead to claims, and it can harm your reputation with customers and investors. Do not assume the risk is gone because the law changed.

Patent pending when nothing is pending

Saying "patent pending" without an application on file, or after an application has been abandoned, is a false statement in commerce. It can raise issues beyond patent law, including advertising and unfair competition rules. Investors who check your IP in an IP audit may also see it as a sign of careless process.

How to avoid all three

Keep one record of the status of each mark, copyright and patent application, with the date it changed.
Set a rule: no circle-R until you hold the registration certificate; no patent pending until you have a filing receipt.
Update materials when status changes, especially when a patent is granted, expires or an application is abandoned.
Remove old numbers from packaging and web pages when a patent expires.

Deadlines are a big reason notices go stale, which is why our IP deadlines calendar is worth reading alongside this guide.

Where to place notices on a website, app and packaging

Placement is about being visible without being messy.

Website

Footer: a copyright line, such as © 2026 Example Co. All rights reserved. and a short trademark statement naming marks you own. This is where most of the legal work belongs.
Header or logo: add TM or the registered symbol next to the logo in the first, most prominent use. You do not need to repeat it everywhere.
Body copy: mark the first prominent use of the product name on a page. Do not put symbols in every sentence.
Trademark attribution: if you mention other companies' names, a line in the footer saying they are trademarks of their owners is common courtesy. It does not give you permission to use their marks in ways that suggest endorsement.
Patent page: if you use virtual marking, publish a page that lists the patents and the products they cover.

App

Put the copyright line and trademark notice in an About or Legal screen and in the store listing where the platform allows. Place TM beside the app name in the splash screen or settings page. If the app is covered by patents, put the patent list on a web page and link it from the About screen. Your terms and privacy documents, covered in our guide to terms of service and privacy policies, are a natural home for a trademark and copyright statement.

Packaging and physical products

Mark the brand on the front, put the copyright line and patent marking on the back or on the product itself where practical, and include the web address for virtual marking if you use it. If space is tight, a small mark on the product plus a web address on the packaging usually works.

One-page marking checklist

Print this or paste it into your launch notes.

List every brand element you use: name, logo, tagline, product names. Mark each as unregistered, application pending or registered.
Use TM (goods) or SM (services) on unregistered and pending marks. Use the circle-R only on marks with a U.S. registration, only for the covered goods or services.
Add a copyright line to your website footer, app About screen, documents and major materials: symbol or word, year, owner. Confirm the owner name matches the legal company.
Check that you own the work. Contractor-made code, design and copy need written assignments.
Use patent pending only while a real application, including a provisional, is on file. Keep the filing receipt.
After a patent issues, mark products with the word patent and the number, or use virtual marking with a web page you keep current.
Remove or update patent pending, patent numbers and the circle-R the moment status changes.
Record who is responsible for each notice and review them whenever a filing, grant, expiry or abandonment happens.
Have an IP lawyer review your final wording if you plan to license or sell the brand, or if a notice is part of a regulated or high-value product.

If you want to understand the rights behind these notices, the Wysebridge glossary of IP and USPTO terms defines the vocabulary, and our glossary entries on trademark, copyright and patent pending give the short versions.

Where this fits in the startup lifecycle

Marking belongs to the Launch stage, when your brand, content and product go public. The guide before it is licensing startup IP basics, since licensed marks and works need correct notices too. The guide after it is NDAs for startups. After launch, freedom to operate and infringement risk covers the other side: making sure you are not stepping on someone else's rights. You can see the whole series in the startup lifecycle A to Z.

When you need a patent attorney or agent to confirm what you can say about an application or patent, you can use a directory of USPTO-registered patent attorneys and agents. Trademark attorneys are found through state bar directories and referrals.

Frequently asked questions

When can I start using the TM symbol?

You can use TM as soon as you use a name, logo or slogan as a brand for goods. Use SM for services. No registration or filing is required, and you can keep using it while an application is pending. It only claims the mark; it does not prove you have exclusive rights.

When can I use the R symbol?

Use the circle-R only after the USPTO has registered the mark, and only with the goods or services covered by that registration. A pending application earns TM, not the circle-R. Using it early or on uncovered goods misleads the public and can hurt you in a dispute.

Do I need a copyright notice?

No. Copyright exists once an original work is fixed in a tangible form, with or without a notice. A notice (the symbol or the word Copyright, the year and the owner) is still useful because it shows who to contact and can undercut a claim of innocent copying.

What does patent pending mean?

It means a patent application has been filed and is not yet granted or abandoned. A filed provisional application counts. It gives no legal protection by itself and does not guarantee a patent will issue. Use it only while an application is truly on file.

What is false patent marking?

False patent marking is marking an article with a patent number that does not cover it, or with an expired patent, with intent to deceive the public. A 2011 law change limited who can sue for penalties, but false claims can still create legal and reputational problems. Keep notices accurate and current.

How do I mark a product with a patent number?

Put the word patent or pat. followed by the patent number on the product, or on its packaging if the product is too small. Alternatively, use virtual marking: the word patent with a web address that lists the patents covering the product. Marking helps preserve your ability to recover damages.

How should I use trademark symbols on a website?

Use the symbol with the first or most prominent use of each mark, such as the logo or the product name in a headline, rather than every mention. Put a copyright line and a short trademark statement in the footer. Keep the symbols accurate: TM for unregistered marks, circle-R for registered ones.

Key terms on this page

IP Licensing for Startups: Key Terms and Deal Checklist GuideIP licensing for startups: licensing out and in, exclusive vs non-exclusive, royalty vs flat fee, field of use, key terms and a deal checklist.
NDA for Startups: When to Sign and When to Skip GuideNDA for startups explained: clause by clause, when to ask for one, when not to, who to ask, mutual vs one-way, how long it should last, and a decision table.
How to Trademark a Business Name: Startup Guide IP guideHow to trademark a business name: search first, pick the right classes, file with the USPTO, and see how a trademark differs from an LLC name registration.
IP Deadlines for Startups: A Year-by-Year Calendar GuideIP deadlines for startups in one calendar: provisional patent 12 months, one year grace period, trademark filings, copyright timing, domains and assignments.
How to Protect Your Startup Before Launch: A Playbook GuideHow to protect your startup before launch: a phase by phase IP playbook covering names, domains, agreements, NDAs, patents, notices, terms and launch day.

Learn more from Wysebridge

Wysebridge owns, operates and sponsors Revolutionary Startups, so these are links to its own free resources and directories. Read the disclosure.

Wysebridge trademark law guideFree guide to U.S. trademark law: searching, TSDR, registration, office actions and TTAB disputes.
Wysebridge copyright law guideFree guide to what copyright protects, registration, fair use, work made for hire and the DMCA.
Wysebridge patent law guideFree guide to U.S. patent law: provisional and non-provisional applications, claims, patentability and USPTO prosecution.
Wysebridge IP glossaryDefinitions of trademark, patent and USPTO terms, from specimens to the Madrid Protocol.

Part of Protecting Your Startup · All guides · Glossary

Sources

General information, not legal, tax or financial advice. Reviewed 11 November 2026.