® or ™ or sm - What's the difference?

These three symbols represent the status of a mark and its level of protection. But the legal meaning of the three symbols varies from country to country.

™ - for an unregistered trademark, that is, a mark used to promote or brand goods. In many markets this symbol does not have a legal implication. It is more of a way for the owner to show that he or she cares about their mark.

sm - used in the US just like the ™ symbol but for an unregistered service mark, that is, a mark used to promote or brand services.

® - for a registered trademark. In many countries the use of this symbol or the other ones is optional and doesn't have any legal relevance. You have your trademark protection in the use of your trademark anyway. But in the US it is important to use the symbol if you later want to claim damages.

Disclaimer:
These help articles do not constitute legal advice and should not be relied upon as such. These articles set forth general educational principles only. Consult with a lawyer about your particular case.

Markify is a name-screening tool and there is no guarantee that it will find all potentially conflicting trademark registrations or that the found "similar" trademarks will pose a problem in the naming matter at hand.

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