Everyone is familiar with trademarks—those logos, slogans, and brand names we come across every day— but not everyone knows the difference between the TM symbol and the ® symbol.

If you haven’t noticed it before, a very small “TM” in bold, UPPERCASE or a small r-in-a-circle symbol (“®”) appears in superscript, most often in the upper right hand corner of a trademark.

If you claim rights to use a trademark, applying the correct symbol designation serves to notify your competitors of the type of trademark rights you have in your mark. In the event that you sue someone who is using your trademark without your permission, failure to provide proper notice of your trademark in this way may result in your inability to obtain money damages or recover your court costs.