A trademark is a word, phrase, symbol, pattern, color, audio, or a combination thereof, that serves to place the source of goods or services from those of another. Questions frequently arise about how trademarks should be used and well-nigh when and how trademark symbols should exist used.

Avoid "Genericide" and "Mutilation" of Your Marks Your wrong utilise of your marks, or unchecked 3rd party use (including licensee utilize) of your trademarks, can undermine the source-identifying significance of your trademarks and even outcome in loss of rights. Do non, and practice not allow third parties to, use your trademark every bit a noun—instead it should be used as an adjective modifying a generic word. There are exceptions where well-known brand owners "become abroad with" substantive usage, east.grand., "buy an iPhone" or "purchase a Ford" without adding the generic word "device" or "car." For most brand owners, however, there is hazard that noun usage will crusade consumers to view the discussion as indicating a product category as opposed to a production emanating from i specific source. Trademarks can be victims of their own success if non properly managed. When your product or service proper noun is viewed as a generic type of product or technology, y'all may have lost your trademark rights. Other rules: Don't allow others to use your marker as a verb, or to combine the mark with other elements to create a hybrid mark that includes your mark.

Why Do Trademark Symbols Exist? Trademark symbols be to serve as notice to the public that the mark preceding the symbol is a trademark. Observe may serve to deter others from using the mark, just can as well provide evidentiary benefits in any potential infringement suits.[ane]

Choosing the Correct Symbol – TM, SM, or ®?

The TM symbol is used for common law marks that stand for goods or services that are not federally registered with the USPTO, including marks whose registration is pending. The ™ symbol, and the word "trademark," is interpreted every bit broadly covering both production marks and service marks. And so the in the instance of unregistered marks, the ™ symbol always is correct. The SM symbol is used for mutual constabulary trademarks that stand for services. This symbol is less common (in part because the designation ™ is broader and more than recognized), and should be used in a fashion similar to the TM symbol. The ® symbol is used for marks registered with the USPTO. This symbol can only be used one time federal registration is granted (applying for a trademark isn't enough), and can only be used in connexion with appurtenances and services listed in the federal registration.
A Note on Registration While you volition receive common law protection without federally registering your trademark, registration carries multiple benefits including enhanced rights and evidentiary benefits at trial. You lot can learn more than about registering your trademark at world wide web.uspto.gov.

When Should the Symbols Be Used? Use of trademark symbols is not actually required by law, but doing so is benign. In fact, the ™ and SM symbols practise not have any legal significance, but instead are informal ways of telling the world that you are claiming ownership of trademark rights in a word, phrase, and/or logo. The post-obit are some general guidelines for using the trademark symbols.

Placement The designation should be placed immediately following the mark that is registered. The norm is to place the symbol in superscript in the upper-right-hand corner, or in some cases, in subscript in the lower right-hand corner.

The Bluetooth® discussion mark and logos are registered trademarks owned by Bluetooth SIG, Inc.

Frequency Employ of a trademark symbol in the kickoff prominent mention of a trademark (e.g., in a heading) is more important than repeated use throughout a brochure or spider web page. The symbol does not have to be used every fourth dimension the mark is used. Instead, use the symbol in the get-go example the mark is used, in the well-nigh prominent utilize of the mark, or both. Repeated use of trademark symbols tin can become cluttered.

Print Materials – If the print materials consist of i–2 pages, designation in the showtime instance of the mark is sufficient. For longer materials, it is recommended (but not a hard and fast rule) that the designation be used at to the lowest degree in one case per page in which the marker appears. A expert fashion to achieve this is to place the designation anywhere in that location is a static representation of the mark that is duplicated on each page, such as in a header or footer.

Electronic Materials – Use the designation at to the lowest degree once per web page in which the mark is used. Placing the designation in any static representation that is repeated on every folio is also a good thought.
Social Media – The guidelines for marks appearing on social media tin can be more than relaxed. Most companies only employ the designation in their username/bio portion of a social media account, while some companies practice not use the designation at all. The majority of companies will non use the designation post-obit their mark in every blog post, status, or tweet, although some may try to do and then in an effort to fight against their mark from beingness considered generic.

The "petty blueish bird" logo is a registered trademark owned past Twitter Inc.

Third Party Use When you allow a tertiary political party to use your trademarks, it is important to ensure your marks are used with proper designations. It is also of import you monitor the licensee'southward activities to ensure the quality of the products or services offered under the marks is consistent with the quality of your products or services and then the marks do not lose their meaning in the minds of consumers equally signaling a certain level of quality (which tin outcome in loss of trademark rights). You should consider providing the third party with guidelines for using the marks (for example, how the marks should announced, when designation should be used, and whether an attribution statement must be made). In the case of licensees, you should as well ask them to periodically send y'all samples of use (eastward.thou., once a yr) so you lot can ostend proper use. Finally, yous should include reviews of tertiary-political party uses of your marks in the marketplace with an eye to appropriate, not-generic usage every bit part of your general policing activities.

Staying Updated Information technology is your responsibility to maintain your mark's registration with the USPTO. This can be done using the USPTO'southward Trademark Electronic Awarding System. Further, information technology is your responsibility to police force and continue use of your marks. The length of trademark protection is potentially infinite, but failure to go on use of the mark, or failure to stop others from using your marks, without consent and/or improperly may event in a loss of federal protection.

Encounter the following resources for more data: Basic Facts About Trademarks U.S. Trademark Police force - Federal Statutes Trademark Manual of Examining Procedure