Use of Trademark Symbols for Your Goods and Services

Many photographers use trademarks or servicemarks to identify their products or services. But when should you use the ® as opposed to the ™?

The ® only may be used, and should be used, adjacent to any trademark you own that is registered and designates the source of certain products or services. For example, “Photo Attorney” is a federally registered servicemark, so it is properly shown as Photo Attorney®. A registered mark only may be used on and/or in connection with goods and services covered by the applicable registration, so Photo Attorney® can be used only to designate legal services from its source, The Law Office of Carolyn E. Wright, LLC. It thus should not be used to designate other services, such as photographic services, even when they are from the same source.

For an unregistered trademark, or for a registered mark used on or in connection with a good or service not covered by the registration, you may use the ™ symbol in close proximity to the mark. If you have a trademark or servicemark that you are using to identify your goods or services but have not yet registered the mark, you may use the ™ to advise others that you are making a claim for that mark.

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