The trademark symbol for unregistered trade marks is designated by the letters TM written in superscript style. In practice it will look like this: Product ™ . It is used directly after the logo, mark, or slogan that is not registered.

When a trademark is registered with the specific trademark office you will see an “R” in superscript surrounded by a circle after the logo, name or slogan. It will look like this: Product®.

There is a proper procedure for displaying the trademark as described and companies frequently issue statements on the Internet regarding the appropriate and allowable usage and display of their trademark by another entity even in referencing the trademark.

An unregistered trademark usage infringement can be enforced by virtue of common law. To ensure that you are not infringing on an existing trademark through the usage of a symbol, logo, design or name, get in contact with our lawyers to conduct a trademark search on your behalf.