How to Use a Trademark Symbol 

Building trust and recognition is essential for your nonprofit. Your organization’s name, logo, and slogan are valuable assets that set you apart and resonate with donors. Trademarks provide legal protection for these assets, ensuring you have exclusive ownership of the distinctive elements that identify your brand. 

While trademarks themselves offer legal recourse in case of infringement, trademark symbols (TM, SM, and ®) serve as powerful tools for strengthening your brand in everyday interactions. Let’s delve into how these symbols can benefit your nonprofit and how to use them effectively throughout your communications. 

What is a Trademark? 

A trademark is a recognizable sign, design, or expression that identifies a specific product or brand and sets it apart from all others in the marketplace. This can encompass a wide range of elements, including words, phrases, logos, symbols, designs, and even unique sounds or smells associated with a particular brand. Think of the iconic jingle associated with a fast-food chain or the distinct scent of a specific brand of perfume – these can all be trademarked. 

Fundamentally, trademarks serve two crucial purposes. First, they indicate the source of a product, allowing consumers to recognize and trust brands they’ve had positive experiences with. Second, they empower consumers to make informed choices by differentiating between similar products in the marketplace. In essence, trademarks create a clear connection between a product’s unique identity and the source that produces it. 

What Do the Trademark Symbols mean? 

There are three trademark symbols used in the United States. Here is a closer look at each: 

TM (™) Symbol 

TM stands for “trademark” and provides public notice that the brand is being used as a trademark, even if it has not been registered with the government. While it does not provide legal protection, it helps establish priority in trademark disputes by showing that the user is actively claiming rights to the mark. 

You can use the trademark symbol when you want to claim rights for a word, phrase, logo, or design that is associated with goods but not yet registered with the trademark office. 

SM (℠) Symbol

SM stands for “service mark” and is similar to the TM symbol, but indicates to the public that a name, phrase, or design is being used to brand a service, not a product. Like the TM symbol, service marks help in establishing recognition and priority. 

You can use the service mark symbol on promotional materials, advertisements, and service descriptions to indicate that you’re claiming rights to the service, but also not yet registered with the trademark office. 

® Registered Trademark Symbol 

The ® symbol stands for “registered trademark” and can only be used once the trademark application has been approved by the United States Patent & Trademark Office (USPTO). Trademark registration acts as a strong deterrent against infringement, as it indicates that the owner has legal recourse to enforce their rights. 

There are serious risks involved if you have not registered your trademark. With trademark registration, you can sue in federal court for infringement and any monetary damages. 

How Should I Use My Trademark Symbol? 

Maintaining the quality and distinctiveness of your registered trademark will protect your product or service’s reputation and legal rights. Here are some key strategies to help you achieve this: 

Consistent Use 

Always use your trademark consistently in terms of style, color, font, and size. This helps in maintaining a strong and recognizable brand. Create and enforce guidelines that detail how your registered trademarks should be used across various platforms and materials. There are no strict rules, but common practices include names or phrases in the upper right corner and logos and designs in the lower right corner. 

Maintain Quality and Distinctiveness 

Trademarks are valuable assets because they represent the unique identity and quality associated with your organization. Upholding consistent quality in your services and overall brand presentation is important for maintaining the distinctiveness of your trademark. 

Placement and Frequency 

There are no strict rules regarding the placement of trademark symbols. However, a few common practices have emerged:

• Names/Phrases: These are typically accompanied by the symbol in the upper right corner (superscript). 
• Logos/Designs: The symbol is often placed in the lower right corner for logos and designs. 

While there’s no minimum usage requirement, it’s recommended to use the symbol at least once with the first prominent mention of your trademark in any given communication. Consider including it throughout your marketing materials to strengthen brand recognition and establish ownership. The key takeaway here is to be consistent with your placement choices across all platforms. 

Consult an Attorney 

Trademark law can be intricate. If you have further questions or require specific guidance on using trademark symbols or the registration process, consulting with an intellectual property attorney is highly recommended. The attorneys at Chisholm Law Firm can provide you with tailored advice to ensure your nonprofit leverages trademarks effectively and safeguards its valuable brand identity. 

Need Help With Your Nonprofit’s Trademark? 

Protecting your nonprofit’s brand identity is essential. By strategically leveraging trademarks and their corresponding symbols, you ensure your organization is recognized for the exceptional work you do. 

Ready to take the next step and explore federal registration for your nonprofit, business or brand’s trademark?

Chisholm Law Firm’s trademark attorneys offer extensive experience in obtaining trademarks for nonprofits. We understand the unique challenges faced by nonprofit organizations and are dedicated to providing efficient and cost-effective solutions. 

Contact Chisholm Law Firm today for a free consultation to learn how we can assist you with trademarking your nonprofit, business, or brand.