5 More Key Facts About Trademarks
1. Protected by Use. You don’t necessarily need to formally register a trademark to protect it. A “common law” trademark is an unregistered trademark that gains protection through actual use in commerce, offering limited geographic scope and narrower rights compared to registered trademarks. While it relies on usage-based rights, it can potentially be later registered for broader protection if it meets registration criteria.
2. Protected by Registration. A registered trademark is a formally secured legal right to a distinctive trademark, granting exclusive nationwide protection. Registering a trademark involves submitting a formal application to a government agency (the United States Patent and Trademark Office) and, upon approval, provides stronger and more enforceable rights compared to common law trademarks.
3. SM vs. TM vs. Circle R. The "TM" symbol is used to indicate that a trademark is being claimed as a trademark, such as a common law trademark. The "SM" symbol serves the same purpose but is specifically used for service trademarks, which identify services rather than physical products. The "®" symbol, known as the circle R symbol, is used only for registered trademarks, indicating that the trademark has been officially registered with a government agency and is entitled to stronger legal protection. [1]
4. Long Lasting. Trademark protection can last indefinitely with continued use and proper renewal of a registration, unlike patents or copyrights which have finite terms.
5. Geographic Scope. Trademark rights are generally limited to the geographic region where the trademark is registered and used. A trademark in the United States does not automatically provide you with trademark protection in other countries. Trademark law can also vary country by country.
Bonus Fact: Famous Trademarks. Famous trademarks are widely recognized brands that have gained significant popularity and consumer awareness, and are often deeply ingrained in popular culture. [2]
Eager to learn more? Check out our posts on the US Trademark Registration Process, Trademark Genericide, Configuration (Non-Traditional) Marks, and Scent (Non-Traditional) Marks.
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[1] Fact Sheets: Introduction to Trademarks, Trademark Symbols, International Trademark Association (INTA), last updated August 23, 2023, and available at https://www.inta.org/fact-sheets/trademark-symbols/.
[2] Fact Sheets: Introduction to Trademarks, Learn the Language, International Trademark Association (INTA), last updated November 10, 2020, and available at https://www.inta.org/fact-sheets/learn-the-language/.