What is trademark notice?

A trademark notice is a symbol which is placed next to a mark to indicate the mark’s status as a trademark. There are three symbols which can be used in giving notice of your trademark rights.

The ™ symbol can be used in connection with any trademark you claim rights to, regardless of whether you have filed any applications for registration with the Patent and Trademark Office or any state agency. Similarly, the (SM) symbol can be used in connection with any service mark you claim rights to, regardless of whether you have sought registration of that mark.

The third symbol, ®, cannot be used at any time like the ™ and (SM) symbols. Whereas the other symbols simply indicate that you claim rights in the mark, the ® indicates that you have actually registered your mark with the Patent and Trademark Office on either the Principal Register or the Supplemental Register. Thus, it can only be used after your mark has been registered, and then it can only be used on the actual goods and services identified on the federal registration certificate.