Trademark symbols indicate that a certain name or phrase can only be used by a specific company. Unregistered trademarks, also known as common-law trademarks, are denoted by a small "TM" following the name or phrase. Registered trademarks are denoted by a small "R" enclosed in a circle. While both offer some form of legal protection, registered trademarks offer more.
Unregistered trademarks, denoted "TM," can be claimed by any company. This signifies that a name or phrase has been informally claimed by one company and cannot be used by any others. However, this can only be true of the geographical locations in which a product name or phrase is used. Unless a company uses a word or phrase nationally, an informal trademark does not offer it rights to a word or phrase on a national scale.
To use a registered trademark symbol, or an "R" enclosed in a circle, a company must apply for and receive trademark permission from the U.S. Patent and Trademark Office. An "R" signifies that a company has exclusive, nationwide rights to a phrase or name, except in situations where a common-law trademark has been established in a certain geographical area of the country. In addition, federal registration of a trademark is a prerequisite to registering a trademark in some foreign countries.
- John Foxx/Stockbyte/Getty Images