TM, SM, and R – What’s a Writer to Do?
By Writer Wrangler Writer Rhonda Day
What’s up with all of these symbols and why does it matter anyway?
As a writer, it is essential to know how to properly use the trademark, service mark, and registered symbols. The proper usage of symbols is important for articles, blog posts, Adsense blurbs, and everything that will be read by someone else.
The TM and SM symbols are issued by the United States Patent and Trademark Office (USPTO) where patents, trademarks, and copyrights are issued and then registered with the USPTO.
First, it’s important to understand the definitions of the TM and SM symbols, as well as the registered symbol (®). According to the USPTO:
1. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In other words, a trademark is a brand name.
2. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider of services provided by others, and to indicate the source of the services.
3. A registered symbol — ® — should ONLY be used when the mark has been registered by the U.S. Patent and Trademark Office. Once registered, this symbol replaces the use of TM and SM.
A trademark (the “markâ€) can be a name such as Coca-Cola, or a symbol such as the ‘swoosh’ for Nike. People often assume trademarks indicate higher quality of products or services. Trademarks often help people make important decisions.
The TM and SM symbols are not governed by federal law; however, there are many local, state, and foreign laws which apply to their use. It’s critical to understand these local or state laws when applying the symbols. It is appropriate to use the symbols pending final approval by the USPTO to indicate that you are claiming rights to the marks even without having federal registration.
So, what does all of this mean for writers?
As professional writers, the following guidelines should be followed:
1. Writers must effectively use the symbols to notify the public of trademark or service mark rights for both registered and pending unregistered marks. Proper usage helps ensure exclusive ownership of the mark in the United States whether writing an article or an advertisement.
2. Including the TM or SM for a product or service is not required under U.S. trademark law; however, it does indicate ownership and is advisable to use the symbols. The symbols should follow the “mark†(name or logo) and be bold, elevated, or otherwise noted. For example, ABC™ is an example of a mark that has been trademarked as a product but is not yet registered by USPTO.
3. Once the U.S. Patent and Trademark Office has issued a Certificate of Registration for the mark, an [R] symbol is used with the mark instead of the SM or TM symbol. The use of [R] indicates that the mark is registered with the USPTO. This is often referred to as the “circle-R†symbol because it is a superscript ‘R’ in a small circle to the right of the mark (®).
4. Trademarks and service marks are always considered adjectives and should not be used as nouns or verbs. They cannot be pluralized and should never be hyphenated.
5. It is improper to make trademarks possessive by adding an apostrophe.
6. Trademarks can never be altered or modified in any way, nor can they be combined with other symbols.
7. The TM, SM, and R should directly follow the mark (the word or logo) and should be in superscript, smaller raised font.
8. The symbol typically only appears in the first or most important mention of the mark (word or logo). It does not have to be used with every use of the mark. For example, the first mention is noted as “ABC™†and subsequent mentions of the mark are simply noted as “ABCâ€.
9. If the symbol is noted in the title of a document, then it is not necessary to repeat the symbol thereafter. It only takes a single reference to the symbol in a document, once the document is ready, you may want to convert it to pdf and edit it, for this using a sodapdf software is the best option.
10. It is illegal to use the ® (registered symbol) if the mark has not been registered by the U.S. Patent and Trademark Office.
Whether you are writing a short article, a web page, or an Adsense blurb, it’s important to adhere to the guidelines for the use of these symbols. If you are ever in doubt about the use of symbols, visit the USPTO website for more information. Paying attention to the details in your writing will add to your credibility, professionalism, and future success.
BTW: You are welcome to quote parts of this article as long as you give the link back. We love link love ~Corena Golliver – Owner of WriterWrangler.com
First, it’s important to understand the definitions of the TM and SM symbols, as well as the registered symbol (®). According to the USPTO:
1. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In other words, a trademark is a brand name.
2. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider of services provided by others, and to indicate the source of the services.
3. A registered symbol — ® — should ONLY be used when the mark has been registered by the U.S. Patent and Trademark Office. Once registered, this symbol replaces the use of TM and SM.
A trademark (the “markâ€) can be a name such as Coca-Cola, or a symbol such as the ‘swoosh’ for Nike. People often assume trademarks indicate higher quality of products or services. Trademarks often help people make important decisions.
The TM and SM symbols are not governed by federal law; however, there are many local, state, and foreign laws which apply to their use. It’s critical to understand these local or state laws when applying the symbols. It is appropriate to use the symbols pending final approval by the USPTO to indicate that you are claiming rights to the marks even without having federal registration.
So, what does all of this mean for writers?
As professional writers, the following guidelines should be followed:
1. Writers must effectively use the symbols to notify the public of trademark or service mark rights for both registered and pending unregistered marks. Proper usage helps ensure exclusive ownership of the mark in the United States whether writing an article or an advertisement.
2. Including the TM or SM for a product or service is not required under U.S. trademark law; however, it does indicate ownership and is advisable to use the symbols. The symbols should follow the “mark†(name or logo) and be bold, elevated, or otherwise noted. For example, ABC™ is an example of a mark that has been trademarked as a product but is not yet registered by USPTO.
3. Once the U.S. Patent and Trademark Office has issued a Certificate of Registration for the mark, an [R] symbol is used with the mark instead of the SM or TM symbol. The use of [R] indicates that the mark is registered with the USPTO. This is often referred to as the “circle-R†symbol because it is a superscript ‘R’ in a small circle to the right of the mark (®).
4. Trademarks and service marks are always considered adjectives and should not be used as nouns or verbs. They cannot be pluralized and should never be hyphenated.
5. It is improper to make trademarks possessive by adding an apostrophe.
6. Trademarks can never be altered or modified in any way, nor can they be combined with other symbols.
7. The TM, SM, and R should directly follow the mark (the word or logo) and should be in superscript, smaller raised font.
8. The symbol typically only appears in the first or most important mention of the mark (word or logo). It does not have to be used with every use of the mark. For example, the first mention is noted as “ABC™†and subsequent mentions of the mark are simply noted as “ABCâ€.
9. If the symbol is noted in the title of a document, then it is not necessary to repeat the symbol thereafter. It only takes a single reference to the symbol in a document, once the document is ready, you may want to convert it to pdf and edit it, for this using a sodapdf software is the best option.
10. It is illegal to use the ® (registered symbol) if the mark has not been registered by the U.S. Patent and Trademark Office.
Whether you are writing a short article, a web page, or an Adsense blurb, it’s important to adhere to the guidelines for the use of these symbols. If you are ever in doubt about the use of symbols, visit the USPTO website for more information. Paying attention to the details in your writing will add to your credibility, professionalism, and future success.
BTW: You are welcome to quote parts of this article as long as you give the link back. We love link love ~Corena Golliver – Owner of WriterWrangler.com
Hello, My name is Corena and I am a content broker. That means I need writers and graphic designers for contract jobs pretty often. This blog is something I put up to help my writers get honest reveiws..most written by other writers and not some scam. If it is interesting to writers you may find it here. If you're interested in writing some news let us know.I hope that I will post something of interest to you and if not let me know and I will do my best to get something up that will tempt you to come again and again. ~Corena
September 28th, 2009 at 2:25 pm
Thanks for this informative and well written article. As a grammar freak, I was glad to know the proper way to punctuate trademark names. I think I had learned this and it was deep in the recesses of my brain but the refresher was much appreciated. I’m going to book mark this article for future reference if you don’t mind.
September 28th, 2009 at 2:48 pm
Thanks Donna for the comment and YES I would love you to bookmark this article. I love getting input on the articles and topics. If you have questions or want information on a topic that can help writers…just let me know and I will see if someone would like that assignment. I also accept articles by writers that might be of interest to other writers.