Brand Protection Basics: What’s the Difference Between ™ and ®? When and How to Use Them

When you start a business, create a product, or develop a brand, one of your first instincts is to protect it. That’s where those little symbols, ™ and ®, come in. They appear almost everywhere: next to brand names, on product packaging, even in slogans. But what do they actually mean, and more importantly, how do you know which one you should be using?

Below, we’ll break down the difference between ™ and ®, when each applies, and how Florida business owners can properly protect their trademarks.

What Does the ™ Symbol Mean?

The ™ symbol stands for “trademark.” You can use it on a word, logo, slogan, or design that you consider your brand identifier, even if you haven’t registered it with the U.S. Patent and Trademark Office (USPTO).

In short, ™ is a way of saying:

“I claim this as my brand.”

You don’t need approval from any agency to use it. It simply puts the public on notice that you believe this mark represents your business and that you intend to protect it.

For example, if you just launched a new clothing brand called Coral Threads, you could immediately start using “Coral Threads™” on your products and website. This shows competitors and consumers alike that you’re treating the name as your trademark, even before it’s formally registered.

Key takeaway: The ™ symbol offers informal protection, but it doesn’t provide the same legal weight as a federally registered trademark.

What Does the ® Symbol Mean?

The ® symbol represents a registered trademark, meaning your trademark has been officially approved and recorded with the USPTO. Only once you’ve received your federal trademark registration certificate can you legally use the ® symbol.

This symbol carries much stronger protection. A registered trademark gives you:

• Exclusive nationwide rights to use the mark in connection with your goods or services.
• Legal presumption of ownership, making it easier to enforce your rights in court.
• Ability to sue for damages and recover profits if someone infringes on your mark.
• Stronger standing internationally, if you ever expand your business abroad.
  

It’s important to note that using the ® symbol without having a federal registration is prohibited under U.S. law and can actually hurt your credibility or result in penalties.

Key takeaway: The ® symbol is your official seal of ownership. It shows your brand is legally recognized and protected at the federal level.

Can You Use ™ While Waiting for a Registered Trademark?

Absolutely, and you should.

When you file a trademark application with the USPTO, it can take several months (sometimes longer) before your mark is approved. During this waiting period, you can continue to use ™ to signal that your mark is in use and being claimed. Once the registration is approved, you can switch to ®.

This helps protect your rights from the moment you start using your mark, even before it’s formally registered.

Why Registering Your Trademark Still Matters

Many Florida business owners make the mistake of thinking ™ is enough for my brand, but it’s not. While the ™ symbol helps establish common-law rights, it only applies within the geographic area where you’re actually using the mark. That means another company in a different state could start using a similar name, and you might not have the legal grounds to stop them.

A federally registered trademark, on the other hand, gives you:

• Nationwide priority and protection
• Listing in the USPTO database, which deters others from registering similar marks
• Easier enforcement against counterfeiters and infringers
• Ability to license or sell your trademark as a business asset

It’s the difference between “I’m using this name” and “I own this name.”

Florida Trademarks vs. Federal Trademarks

If your business operates only within Florida, you can also file for trademark registration at the state level through the Florida Department of State’s Division of Corporations. This offers protection within Florida but doesn’t extend nationwide.

Most businesses aiming to grow, or sell products online, benefit from a federal trademark instead, since customers and competitors often cross state lines.

When to Talk to a Trademark Attorney

Trademark law might sound straightforward, but mistakes in the application process can delay registration or limit your rights. A business or intellectual property attorney can:

• Conduct a trademark search to ensure your mark isn’t already in use.
• Prepare and file your USPTO trademark application correctly.
• Advise on brand strategy to avoid potential conflicts or rebranding later.
• Help enforce your rights if someone infringes on your trademark.

At Ayala Law, we work with business owners and entrepreneurs to secure and protect their intellectual property. Whether you’re applying for a trademark or trying to enforce one, we can help you take the right steps to protect what you’ve built.

Final Thoughts

The difference between ™ and ® isn’t just a matter of punctuation, it’s a matter of protection. ™ gives you an early claim to your brand, but ® gives you the legal strength to defend your brand.

If you’re ready to protect your brand name, logo, or slogan, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].