If you’ve ever seen a brand name, product label, or logo with a small “™” next to it, you’ve encountered the TM symbol—often called the TM logo. Many businesses add ™ to their branding to signal ownership, deter copycats, and communicate that a name or logo is meant to be used as a trademark. But despite common belief, ™ does not mean a trademark is registered with the government.
So what does the TM symbol really mean? When are you allowed to use it? How do you add it to your logo, packaging, or website?
This guide explains everything you need to know about the TM symbol—its legal meaning, how it differs from ®, when to use it, how to type it on various devices, and why it’s only the first step in brand protection.
What Does the TM Symbol Mean?
The TM symbol (™) is shorthand for “trademark”. It is a simple, informal way for a business to claim trademark rights in a name, logo, slogan, or other brand element.
What TM Actually Means
- “We consider this our trademark”
- “We are claiming rights over this brand element”
- “We are giving the public notice not to copy it”
- “We have not yet registered it with the USPTO (or any trademark office)”
Unlike the registered trademark symbol ®, the TM symbol does not require government approval. You can use it the moment you start using your brand in commerce.
Common-Law Claim vs Registered Rights
When you use ™, you are asserting a common-law trademark—limited protection based on usage, not registration. These rights:
- apply only to the geographic area where you use the mark
- are harder to enforce
- do not appear in the USPTO database
- can be weaker during disputes
Registered rights (®) are much stronger and nationwide.
TM vs SM
There are two variations:
- ™ = Trademark (for goods and products)
- ℠ = Service Mark (for service-based businesses)
Today, most brands simply use TM for both.
TM vs R : What’s the Difference?
TM
- Can be used anytime, even without registration
- Gives informal, common-law protection
- Provides public notice, but limited legal power
- Used during early branding or while a USPTO application is pending
R
- Can only be used after your mark is officially registered with the USPTO
- Provides nationwide, enforceable rights
- Offers legal presumptions in court
- Prevents importation of counterfeit goods through U.S. Customs
- Much stronger protection
Misuse Penalties
Using R without an actual registration is illegal and may result in:
- USPTO rejection
- fines or fraud claims
- weakened enforceability in litigation
Because of this, most brands begin with TM, file for registration, and switch to R after approval.
Can You Use the TM Symbol Without Registering Your Trademark?
Yes — you absolutely can.
In fact, TM exists because many businesses use it before filing or during the waiting period for trademark registration.
When TM Is Appropriate
Use TM when:
- you are launching a new product or brand
- your USPTO trademark application is pending
- you want to give public notice that the brand is proprietary
- you are testing a brand name but not ready to file
When TM Should Not Be Used
Avoid using TM if:
- the name is too generic (“Best Shoes”)
- you do not plan to use the brand in commerce
- you copied or modified another brand’s mark
- you intend to use ® instead
Where You Can Use TM
You can place TM on:
- logos
- product names
- slogans
- website headers
- marketing materials
- product packaging
It’s flexible, easy to add, and carries no legal penalty when used correctly.
How to Add the TM Symbol to Your Logo
Many brands add ™ to logos to help deter copycats and signal ownership.
Best Placement Options
Designers typically position TM:
- top-right corner of the logo
- bottom-right corner
- outside the main visual area
- aligned with the edge of the logo mark
The goal is to keep it visible but not distracting.
Design Best Practices
- Keep TM small but readable
- Use the same color as the logo or a subtle variant
- Maintain proper spacing so it doesn’t crowd the design
- Ensure clarity in both print and digital formats
- Keep TM visible in small sizes (favicons, mobile screens)
Digital vs Print
- Digital: TM should remain crisp at all resolutions
- Print: Avoid extremely small TM on packaging or labels where it may blur
Accessibility Note
Ensure the symbol doesn’t interfere with screen readers or create confusion; many sites add it using Unicode so assistive tech reads it correctly.
How to Type or Insert the TM Symbol (Step-by-Step)
A. On Windows
- Shortcut: Alt + 0153
- Unicode: ™
- Character Map → search “trademark”
B. On Mac
- Shortcut: Option + 2
- Auto-correct often suggests ™ when typing “tm”
C. On iPhone
- Type tm → choose ™ from suggestions
- Or go to Emoji → Symbols → ™
- Or create a text replacement shortcut:
Settings → General → Keyboard → Text Replacement
D. On Android
Varies by keyboard:
- Gboard: type tm → suggestion ™
- Emoji → Symbols → ™
- Long-press “t” on some keyboards
E. In Google Docs
Insert → Special Characters → search “trademark”
F. In Microsoft Word
- Shortcut: (tm) automatically converts to ™
- Or Insert → Symbol → ™
G. In Canva
- Type ™ or ™ directly
- Works in text layers
H. In Adobe Illustrator / Photoshop
- Type ™ from your keyboard
- Or use Glyphs panel → find “trademark”
When Should You Switch From TM to R?
Switch to R only after USPTO approval.
Why Timing Matters
Using ® too early = illegal.
Using TM too long = weaker protection.
Switch to ® when:
- Your registration certificate is issued
- Your mark appears in the USPTO database as “registered”
- You begin nationwide branding or licensing
Benefits of Switching
- Stronger enforcement rights
- Ability to sue for statutory damages
- Greater deterrent effect
- Helps block counterfeit imports
Once registered, R should appear on your most prominent branding or packaging.
Legal Guidelines for Using Trademark Symbols (USPTO-Aligned)
Trademark law emphasizes proper use, not just adding symbols.
Use the Symbol on First or Most Prominent Use
The symbol doesn’t need to follow every appearance. Use TM or R:
- in the first instance
- in the most visible placement
- on key branding pages (website header, product pages, packaging)
Consistency Matters
Use the symbol consistently with:
- exact spelling
- capitalization
- stylization
Important Legal Note
Adding TM or R does not create rights.
Rights come from:
- actual use in commerce, and/or
- USPTO registration
Misuse Risks
- Loss of credibility
- Registration complications
- False claims under federal law (for R misuse)
Examples of TM Symbol Usage
Below are common real-world examples illustrating how brands use TM.
Example 1: Logo with TM
BrandName™ — TM in the top-right corner of a stylized wordmark.
Example 2: Product Name with TM
Introducing the new FlexShield™ protective case.
Example 3: Slogan with TM
“Built to Last™” — used across advertising banners.
Example 4: Packaging Example
A retail box reading:
SparkFresh™ Air Purifier
With TM placed after the main logo.
TM vs R Examples
- BrandName™ (unregistered)
- BrandName® (registered)
This helps users visually understand the distinction.
FAQs
Does TM mean it’s trademarked?
TM means you are claiming trademark rights. It does not mean registered.
Can I put TM on my logo before filing?
Yes. Anyone can use TM without filing a trademark application.
Is TM legally binding?
TM provides some common-law protection, but it is weaker than registration.
Is TM required?
No, but it helps notify others that the mark is proprietary.
Should I use TM or SM?
TM for goods, SM for services—though TM is widely accepted for both.
Can I protect my logo without registration?
You can claim common-law rights with TM, but registration is more secure.
Why Using TM Alone Is Not Enough
TM is a good first step, but it does not give you the advantages of federal registration.
TM Cannot:
- prevent someone nationwide from using a similar mark
- stop counterfeit imports
- get your mark listed in the USPTO database
- offer legal presumptions in court
- protect you across all states
- allow ® use
Common-Law Limitations
Your rights are restricted to the geographic area where you actually sell.
Why Filing Is Recommended
A USPTO registration gives:
- nationwide priority
- stronger legal remedies
- ability to license or sell your brand
- deterrence against copycats
- formal recognition
TM gives notice; registration gives power.
Conclusion
The TM symbol is an essential part of early brand protection. It helps you claim ownership of your name, logo, or slogan before registration and signals to the public that your branding isn’t free to copy. But it’s only the first step.
While TM offers basic, common-law protection, the real strength comes from registering your trademark and switching to the ® symbol for full legal rights.
For new businesses, the best approach is simple:
Use TM now. File for registration early. Switch to R once approved.
