Copyright and Trademark Symbols

©  TM  SM  ®

You've seen these symbols before, but how do you use them properly?

© - This is the symbol for a work protected by a copyright. Providing notice of copyright protection by using the © in connection with the author's name and the date is optional, as discussed here. However, copyright law has made it a crime to remove or alter a copyright notice, so whether your work is being copied lawfully or unlawfully, you have an extra incentive to use the © symbol on all original works of authorship.

TM & SM - These symbols indicate trademark use, but not trademark registration. Use these when you are using a word or a logo as a source-identifier, and you want to put others on notice that you are establishing common law trademark rights. The TM is appropriate where you are using your mark on goods, and the SM where you are using your mark in connection with services. Note that these symbols do not indicate that a federal trademark application has been filed.

® - Use the "circle R" with a trademark that has been granted a federal registration. A state trademark registration does not qualify. Be aware, though, that this symbol should only be used when you are using your mark in connection with the specific goods/services listed in your registration. So if you own a federal registration for the mark WIDGETS used in connection with steel bolts, using the ® symbol with your WIDGETS mark on ice cream would be inappropriate.

* This information is educational only; if you have questions about the use of these symbols with respect to your specific situation, please contact myself or another licensed attorney for assistance.