Hello everyone and welcome back to 10 on Tuesday!

Today, we’re tackling a common question that I hear all the time. People get this wrong, but we’re going to make sure you don’t make the same mistake. Here is it: “What is the difference between the ® and the ™ symbol?

This might sound like a minor detail, but understanding the difference can help you protect your brand and avoid potential legal headaches. So, let’s dive in and get this straightened out once and for all.

First things first, let’s cover the basics so we’re all on the same page. A trademark is anything that represents your brand—like your business name, logo, tagline, or even a product name. Those are the common ones, but it can also be a sound (like a jingle) or a color, like Tiffany’s pale blue, or even a design - both the style of the iphone is protected by trademark, and the layout of the apple stores.

It’s what makes your business recognizable and distinct in the marketplace. It’s your brand’s identity and what sets you apart from competitors.

The purpose of using symbols like ™ and ® is to show the world that you’re claiming ownership of your brand elements. But here’s the key: these two symbols mean very different things and have different levels of legal protection. Let’s break it down.

Let’s start with the ™ symbol, which stands for ‘trademark.’ The ™ can be used by anyone who wants to claim ownership of a name, logo, or slogan, etc. even if it’s not officially registered with the government. It’s kind of like saying, “Hey, this is mine, and I’m using it in connection with my business.” Or “I’m trying this out right now, let’s see if it works.”

Here’s the good news: you can start using the ™ symbol right away, as soon as you’ve decided on a name or logo. It’s a great way to put a little flag in the ground and tell the world, ‘I’m claiming this as part of my brand.’ However, keep in mind that using ™ does not give you the same legal rights as a registered trademark—it’s more of a public notice of your claim.

For example, if you’re starting a new line of products and want to use a specific name, you can add the ™ symbol right next to it while you’re getting your business off the ground. It’s simple, free, and easy to do.

Now, let’s talk about the ®. This symbol can only be used if you’ve gone through the process of officially registering your trademark with the United States Patent and Trademark Office (USPTO). It’s not just a claim; it’s a legal declaration that your trademark is protected under federal law. In this scenario, you have proclaimed your mark, your property, to the entire U.S. whether they have bothered to look for it or not. It’s like they have no excuse NOT to know.

The registration process takes some time and costs money, but it’s well worth it for brands that want the protection. This is obvious for big brands like Nike or Starbucks—they have their names and logos registered, so you’ll always see the ®

I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.