the difference between ®️ (Registered Trademark) and TM (Trademark)
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In the USA, registered trademark (the little R) is protection you can apply for when selling your product in more than one state. if you demonstrate that you are using a certain symbol or phrase in connection with marketing your product in a certain specific industry niche, then you can apply for a registered trademark.
You pay to have it researched and recorded and then every so often you need to demonstrate that you are continuing to use it as described in the application.
This gives you legal protection in the event that a competitor tries using your mark.
The little (TM), by contrast, just means you consider this your trademark. You can use it within only one state, whenever you want. it’s often a precursor to an actual federal trademark application.
Note that the niches are extremely specific— they’re literally broken down and numbered. this is why there can be Dove soap and Dove ice cream, for example.
Also— you don’t trademark something by getting a phrase first and squatting on it. As part of the application process you have to demonstrate that u actually are using it to sell your product— and furthermore that it actually causes people to think of your company when they hear it.
Do big lawyered-up concerns like McDonalds have a way to accelerate this process? I’m sure they do. But in theory everyone with the time/money to file a trademark app has a fair chance to get it. And if you stop using it, it can expire.
Last up, ‘cause Reddit— Trademark and copyright are very different. Reddit loves to confuse them.
IamNotALawyer but I am an artist who sold a trademarked product.
u/corvinalias made a good point of this.
I’m also not an expert but I have done a good deal of learning about this recently because this is very much in the news right now as I’ll explain. BUT as, “TM” is a state level trade mark, given by individual states, and “R” the Federal level out, given by the Federal government and will cover all states.
The reason why this is big-ish news right now is an up and coming Mexican franchise is literally trademarking the phrase “Taco Tuesdays” and trying to lock down all the right to it state by state but they’ve hit a roadblock with an eatery in New Jersey who has beat them to it. They can fight it out, or go to the courts.
One of the biggest hurdles for the NJ restaurant is you must protect your trademark aggressively, you can’t just pick and choose when to enforce it. Since clearly the restaurant isn’t protecting the phrase since every taco joint, middle school, and Mexican food truck in the country uses the phrase to some degree, they have a very poor likelihood of defending their trademark in court.
Of course, this only protects “Taco Tuesdays” and not “Tako Tuesdays” or “Taco 2s-Days” and “Tacos Too! days” etc.
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