The ™ symbol generally indicates a claim to trademark rights, while the ® symbol may only be used with a federally registered trademark. Using the wrong symbol can create legal issues, so it is important to use them appropriately.

The ™ symbol can be used without a federal registration to indicate a trademark claim. The ® symbol should only be used after the USPTO has issued a federal registration and only in connection with the goods or services covered by that registration.

In U.S. trademark law, the core question is whether consumers understand a word, name, logo, slogan, design, or other indicator as identifying the source of particular goods or services. Trademark protection is therefore connected to branding and consumer recognition, not ownership of a word or design in every possible context.

A federal trademark application is reviewed by the United States Patent and Trademark Office (USPTO), the federal agency that examines trademark applications and maintains the federal trademark register. Filing an application does not guarantee registration; the USPTO reviews whether the mark meets federal requirements and whether there are legal conflicts or other issues.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.