Trademark Symbol Placement: How to Use It Correctly

Use ™ on an unregistered trademark for goods, SM (℠) on an unregistered mark for services, and ® only after your mark is officially registered. The main point here is that using ® too early could cause legal issues in the U.S. and many other countries and jeopardize your application. The best place for the symbol is in superscript at the upper right corner of the name or logo, and you should show it on the first or most prominent use instead of on every mention. Create clear rules for marketing partners and resellers so they display the mark the same way.

What ™, SM, and ® Mean and When to Use Them

Trademark symbols each convey a specific legal status of your branding, and using the wrong one sends the wrong message to customers, competitors, and courts. All of them are explained by the United States Patent and Trademark Office (USPTO), so you can use the USPTO trademark basics for more information when needed.

The ™ symbol marks a trademark you’re claiming for goods or products. You can use it the moment you start using the name in commerce (without an application or registration), and you can keep using it while an application is pending. It tells the market you consider the word, name, or design your brand and that you’re asserting common-law rights to it. In practice, the answer to when to use ^TM is any time you want to stake a claim on a mark for products, but without actually having a registered trademark.

SM (the service mark, written as ℠) is the service’s counterpart to ™. The rules are mostly the same, only applying to services rather than physical goods (think consulting, repair, hospitality, or software-as-a-service). It’s far less common, and many service businesses simply use ™ instead, but SM is the technically correct choice when what you sell is a service.

The ® sign is reserved exclusively for marks that are officially registered with the relevant trademark office. Knowing when to use the registered trademark symbol is simple: only after your registration is granted, only for the specific mark that is registered, and only for the specific goods or services and the territory the registration covers. Using ® before that point is improper and, in the United States, can be treated as fraud that jeopardizes your application. For a concrete breakdown of how the “trademark” and “registered” signs compare, see our guide on ™ vs ®.

Where the Trademark Symbol Goes on a Logo

The standard position of the symbol is the upper right corner of the mark, set immediately after the last letter or edge of the logo. If the upper right corner is crowded, the lower right corner is the widely accepted alternative. Either works as long as the symbol clearly belongs to the mark and you keep the same trademark placement across every version of the logo.

Superscript (meaning raised above the baseline) is the default for both ™ and ®, paired with the upper right corner. Subscript (dropped below the logo itself) is rare but is more naturally used when the symbol is in the lower right corner or on a stacked logo. It keeps the font size small relative to the mark, yet large enough to stay legible when the logo is scaled down.

For dense or intricate logos, separate the trademark symbol a bit, shrink the font size slightly, and use the lower right corner if the top is busy. The sign should act as a notice of a trademark rather than compete with the design. Our guide to protecting a name and logo covers how placement supports enforcement.

Where the Symbol Goes on Names, Words, and Phrases

Beyond the logo, the notices should show up in running text when used by the brand for official marketing. The key here is precision, meaning you have to attach it precisely to the brand name and nothing else.

Place the symbol directly after the brand name or product name, not after the surrounding descriptive words. If your registered mark is the name itself, the symbol rides on that word alone, like “BrandName™ running shoes,” rather than “BrandName running shoes™.”

A slogan or tagline can be a protectable mark in its own right, and when it is, the symbol goes at the end of the complete phrase. For example, Capital One has applied for the “What’s in your wallet ®“ as a registered mark for its advertising. If you’re wondering whether your line qualifies, our article on how to trademark a phrase explains what makes a slogan registrable.

In body copy and marketing material, only the brand name carries the symbol, and only on its first or most prominent mention (usually in the header or opening line). Never apply it to a generic word, a common verb, or a category term, because doing so misrepresents what you actually own and clutters the text.

How Often to Show a Trademark Symbol

The symbol exists to put others on notice, not to appear beside every instance of your name. The most widely followed convention is to mark the first or most prominent use of the mark on a given page or document, then drop it for the rest.

On print material and packaging, apply the same first-or-most-prominent rule per surface. The front-of-pack brand name is the natural place to put the symbol. You won’t need it on the side panel, ingredient list, or every fold of the carton.

On a website or app, put the symbol in the page header or footer where the brand name first appears. If you have several trademarks, you can skip putting the notice on all of them and create a separate list of trademarks you have. For an example, take a look at Apple, which maintains a page of all its marks and what they refer to.

For social media, mark the brand name once in the profile name or bio. Constant symbols here read as spam, and most caption styling can’t render superscript cleanly anyway. Note that platforms run their own brand rules too, such as YouTube’s trademark policy and Google Ads trademark policy. Because tagging and reposting blurs who’s using the mark, social media can complicate trademark monitoring and enforcement. When in doubt, refer to a trademark attorney to determine whether you need to put the notice on third-party messages.

Setting Symbol Rules for Partners, Resellers, and Affiliates

Your rights are only as consistent as the people displaying your mark. Resellers, distributors, and affiliates might put the signage incorrectly, drop it entirely, or pair it with the wrong goods. This inconsistency weakens the uniform presentation of the trademark which could have a negative effect on its enforcement.

Make sure to spell out the rules in a short brand-usage sheet, including which symbol to use, where it goes, the correct color, and minimum font size, and which words must never carry it. This matters most with affiliates who advertise your name, since bidding on your brand terms can create confusion, and clear guidelines support enforcement if a partner oversteps.

Symbol Mistakes That Quietly Weaken Your Rights

Some errors don’t look like much in the moment, but they can degrade the strength of your trademark over time. Here are the most common ones.

Using the Mark as a Verb or Generic Word

When a brand name gets used as a verb or a generic noun, it drifts toward becoming the common term for the product. The same “genericide” has erased the trademark status of words like “escalator” and “aspirin” in some jurisdictions. Always use the mark as an adjective followed by a generic noun (“a BrandName blender,” not “grab a brandname”), and never bend it into a verb.

Overusing the Symbol Until It Clutters the Page

Stamping the symbol on every mention makes the copy look overly defensive and cluttered, and it buries the one placement that matters. Mark the first or most prominent use, then let the name stand on its own.

Dropping the Symbol Inconsistently Across Channels

Using ® on the website, ™ on packaging, and nothing on social media sends mixed signals about your mark’s status and can undercut you in a dispute. Pick the right symbol for your current registration status and apply it the same way across every channel.

Search the Mark Before You Add Any Symbol

Before you attach any notice sign, confirm the mark is actually yours to claim. A ™ on a name that conflicts with someone else’s existing rights doesn’t actually create a mark or make it suddenly available to use. It can actually make it easier for the trademark owner to start legal action against you. Run the name through a trademark search to check for conflicts before settling on a name.

If you want a deeper read on availability across classes and territories, a comprehensive trademark study helps identify all potential conflicts before you commit.

What Registration Unlocks: The ® and Stronger Trademark Rights

The ™ and ^SM symbols assert a claim, but it’s the registration that turns that claim into something that can be enforced on a national level (and it’s the only thing that earns you the ®). A granted trademark registration gives you rights to use the mark throughout the registered territory (usually a given country) for your goods or services, a legal presumption of ownership, and a far stronger position against copycats.

If you sell across borders, an international registration extends that protection and allows you to use the ® symbol in all markets where you do get a registration. Once you use an international mark, you need to keep it alive through timely renewal for all territories, and consider a trademark watch to catch infringers early.

Not sure if your mark is clear of conflicts? Run it through Protect.TM Trademark Search before you put ™, SM, or ® on your brand.

Frequently Asked Questions

What’s the difference between the ™ symbol and the © symbol?

They protect different things. ™ (and ®) covers trademarks, meaning the names, words, phrases, and designs that identify the source of goods or services. © covers copyright, or original creative works like writing, music, art, photos, and software code.

Can you use the ® if the mark is registered in another country?

Only in the country (or region) where the registration is valid. The ® attaches to a specific registration, so a mark registered in the EU can carry ® on materials for that market but not in a country where you have no registration. If you operate internationally, securing protection through international registration is what lets you use ® there.

How do you type ™, ®, and SM on a keyboard?

On Windows, hold “Alt” and type 0153 for ™, 0174 for ®, and 8480 for ℠ on the numeric keypad. On Mac, press “Option+2” for ™ and “Option+R” for ®; for ℠, use the Character Viewer (Control+Command+Space) or Unicode Hex Input. Most text processors also auto-correct (tm), (r), and (sm) into the symbols and format them as superscript automatically.

Do I legally have to use a trademark symbol?

The symbols are generally optional, and your underlying trademark rights exist whether or not you display one. But using them puts others on notice of your claim (especially if you don’t have a registered trademark but plan to file for one).

Can I use ™ and ® on the same brand at the same time?

Yes, when they cover different things. If your brand name is registered but a new sub-brand, slogan, or product name isn’t yet, you can show ® on the registered mark and ™ on the unregistered one in the same materials. The key is that each symbol must accurately reflect the status of the specific mark it sits on.