Breweries often ask which trademark symbol (® or TM) should be used on their beer labels and in their advertising. The “®” symbol may only be used to designate a federally registered trademark, while the “TM” symbol may be used to designate any unregistered mark that someone is claiming trademark rights to. So, if you’ve applied for federal registration but it has not yet registered, use “TM” until it registers, and then use “®” after registration. If you have a state registration but not a federal registration, use “TM” (and consider applying for federal registration). Although you are not required to use either symbol, it is strongly recommended that you use the appropriate symbol next to your trademark, to put producers and consumers on notice that you are asserting trademark rights in your name or logo. And remember, if you already have a COLA, you can add or substitute either trademark symbol on your beer labels without needing to obtain a new one.
For more information about this topic, contact Frank Knizner.
