Can I put ® next to my logo if I “applied” for a trademark?
You worked hard on your brand. You paid a designer, you picked colors, and you finally landed on a name that feels right. Then you filed a trademark application and thought, “Perfect—now can I put ® next to my logo if I ‘applied’ for a trademark?”
Not so fast.
The ® symbol is not a “we applied” symbol. It’s a “this trademark is officially registered” symbol. Using it too early can cause real problems—ironically, the exact opposite of what most business owners are trying to do when they add it.
TM vs. ®: what’s the difference?:
TM simply means you’re claiming trademark rights. In plain English: “This is my brand name or logo, and I’m using it to identify my goods or services.” The good news is that you can usually use TM even if you haven’t filed anything yet, as long as you’re actually using the mark in business.
The ® symbol is different. It’s reserved for trademarks that have been registered by the U.S. Patent and Trademark Office (USPTO). You can’t use ® just because you filed an application. You can’t use it because your lawyer sent the paperwork. You can’t use it because you got a receipt email. You can only use ® after the USPTO issues the registration.
Think of it like a driver’s license. Filing the application is like applying at the DMV. You’re in the system, sure, but you don’t get to start driving around like you’re licensed until the state actually issues the license.
So what symbol can I use while my application is pending?
In most cases, use TM while your application is pending.
You can place TM next to your brand name or logo on your website, packaging, social media, and marketing materials. It’s a simple way to signal to the public (and to competitors) that you’re treating the name like a brand, not just a catchy phrase.
Some businesses also use SM for “service mark” when they’re offering services instead of selling products, but in everyday practice, TM is commonly used for both and is widely understood.
When can I legally use ®?
You can use ® only after your mark is registered, meaning the USPTO has approved it and issued a registration number. At that point, using ® can be a smart move because it puts the world on notice that your trademark is federally registered, and it can strengthen your position if you ever need to enforce your rights.
One important detail: you can only use ® for the specific mark that is registered and for the goods/services covered by that registration. If your registration is for a logo used on clothing, that doesn’t automatically mean you can slap ® on a slightly different logo or use ® for unrelated services like consulting.
What happens if I use ® too early?
Using ® before you have a registration can be considered improper or deceptive marking. That can create headaches you don’t want, including:
- Legal risk: In some situations, improper use can be used against you in a dispute, and it can open the door to claims that you misrepresented your status.
- Brand credibility issues: If a competitor (or a customer) looks you up and sees you don’t actually have a registration, it can make your business look sloppy, or worse.
- Trademark enforcement problems: If you ever have to argue about your rights, you don’t want your opponent pointing to your marketing as evidence that you played fast and loose with the rules.
Most people who misuse ® aren’t trying to trick anyone; they’re just excited and protecting their business. But intention doesn’t always erase the consequences.
A quick, practical cheat sheet
- Haven’t filed yet, but you’re using the logo/name in business? TM is usually appropriate.
- Filed an application and it’s pending? TM is appropriate.
- USPTO issued your registration? Now you can use ® (for that registered mark and those covered goods/services).
How a lawyer can help (and why it matters here):
When you’re building a business, a trademark isn’t just a piece of paperwork; it’s the legal fence around the value you’re creating. And like any fence, it only works if it’s built in the right place, with the right materials, and actually covers what you think it covers. That’s where having a lawyer matters.
A lot of trademark problems don’t show up on day one; they show up months later when the USPTO sends an Office Action, when you try to enforce your rights against a copycat, or when you’re about to invest real money in packaging, signage, and marketing. A lawyer helps you file in a strategically strong way, not just “accepted.”
For example, our firm regularly sees business owners apply under the wrong owner name (individual vs. LLC), pick an overly narrow goods/services description that leaves gaps, or file a logo that doesn’t match how the brand is actually used in the real world. Those issues can limit your protection or force you into expensive re-filing. A lawyer can also help you decide whether to file a word mark, a logo mark, or both, because that choice affects how broad your rights are. And if someone is already using something confusingly similar, we can help you assess the risk before you pour more time and money into a name that might be a lawsuit waiting to happen. The point is simple: you want protection that holds up when it counts, not a false sense of security that falls apart when challenged.
And here’s the truth: most people don’t learn until they’re already in a dispute:
Trademark issues are much cheaper to prevent than to fix. If a competitor sends a cease-and-desist letter or an online platform takes down your listing because of a complaint, you don’t want to be scrambling to figure out what you should have done months ago. Having a lawyer means you have someone who can respond quickly, protect your position, and keep you from accidentally saying something that weakens your rights. It also helps to have a plan for consistent use, how the mark appears, when to use TM versus ®, and how to document use, so your brand is protected as it grows.
If you’re not sure which symbol you should be using, or you want to know whether your application is on track, call Tucker Law at 1-800-TUCKERWINS. Our firm will help you protect your brand the right way, without unnecessary risk.
