Answer
When can I use ™ and ®?
Lawyers call this: registration notice · 15 U.S.C. § 1111
Short answer
You can use ™ on any name or logo you claim as a brand, today, with no filing. Use ® only after the U.S. Patent and Trademark Office (USPTO) has registered the mark, and only for the goods or services the registration covers. A pending application is not enough.
What changes the answer
- Whether the mark is registered yet
- ™ means “I claim this as my brand.” ® means “this is federally registered.” Until the registration issues, stay with ™.
- Whether you sell goods or services
- ™ is for goods. ℠ is the matching symbol for services. Many businesses use ™ for both, and nothing in federal law requires either one.
- Which goods the registration covers
- ® belongs only on the goods or services listed in the registration. If your registration covers coffee but you also sell mugs under the same name, leave ® off the mugs.
- Whether the registration is still alive
- A registration that has expired or been cancelled no longer supports ®. Switch back to ™.
- Whether it is a state registration
- A Texas state registration does not permit ®. Neither does a pending federal application.
The rule
The owner of a federally registered mark may give notice of registration in one of three ways: the words “Registered in U.S. Patent and Trademark Office,” the abbreviation “Reg. U.S. Pat. & Tm. Off.,” or the letter R in a circle, ®. 15 U.S.C. § 1111.
Using the notice pays off in court. A registrant who does not give notice cannot recover profits or damages for infringement unless the other side actually knew about the registration. Id. You do not have to put ® on every appearance of the mark. Using it where the mark appears most prominently is common practice.
Misusing ® has its own risk. The USPTO’s examination manual says the registration symbol may not be used with a mark that is not registered, even while an application is pending. U.S. Pat. & Trademark Off., Trademark Manual of Examining Procedure § 906 (May 2026) [hereinafter TMEP]. It adds that deliberate misuse of ®, meant to deceive the public or the USPTO, is fraud. TMEP § 906.04. Most misuse is an honest mistake, like using ® on goods outside the registration, and the manual recognizes that. TMEP § 906.02. Honest or not, it can give an opponent something to argue about. Fix it once you notice it.
™ and ℠ carry no legal requirements. They tell the world you claim the mark. They do not create rights by themselves, and they add nothing if you are not actually using the mark as a brand.
To type the symbols: on a Mac, press Option+R for ® and Option+2 for ™. On Windows, hold Alt and type 0174 for ® or 0153 for ™ on the number keypad.
What to do next
Put ™ on your mark now if you like. Switch to ® on the day the USPTO registers it, and only on the goods or services it lists. Check your packaging, website, and marketing when the registration issues and again whenever you add a product line. This is a task you can handle yourself.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.