This is an overview, not legal advice. An attorney can confirm what fits your situation.
Step by step
- Use ™ (or ℠) any time. The USPTO says you can use “TM” for goods or “SM” for services even if you haven’t filed. It tells people you claim the name. It doesn’t create a registration.
- Check the name first. A ™ won’t help if someone already owns a close name. Run the free name check before you build merch around it.
- Apply, if it fits. A federal application can be filed on use, or on an intent to use the name later. See intent to use, explained.
- Wait for the certificate. Filing isn’t registration. The USPTO examines every application, and nothing is guaranteed.
- Then, and only then, use ®. Once your mark is registered, you can use ® — only for the goods or services listed in the registration.
Heads up. Don’t put ® on a name that isn’t federally registered. The USPTO reserves it for registered marks, and misuse can cause legal trouble. When in doubt, use ™.
Which one for a channel or show?
A YouTube, TikTok or VTuber channel is usually an entertainment service, so “SM” is the technically matching symbol before registration. Most creators just use ™, which people recognize. Either one only signals a claim.
Next step
The free name check reads live USPTO records and can tell you not to file. CharacterGuard’s Lock kit ($249 once) gets your name, mark and channel record ready for an attorney. It isn’t a filing, and we don’t file. USPTO and attorney fees are separate. CharacterGuard isn’t a law firm.
Sources
- USPTO, What is a trademark? (Using the symbols TM, SM and ®)
- USPTO, The trademark process
- USPTO, Intent-to-use (ITU) applications
Questions
- Can I use ™ without filing anything?
- Yes. The USPTO says you can use TM or SM even if you haven’t filed an application. It only signals that you claim the name.
- When can I use ®?
- Only after the USPTO registers your mark, and only with the goods or services listed in that registration. A pending application isn’t enough.
- Does ™ protect my AI character’s face?
- No. A trademark symbol is about the name or logo as a brand. The U.S. Copyright Office says purely AI-generated images aren’t protected by copyright either.
- Do you file for me?
- No. CharacterGuard isn’t a law firm and doesn’t file. The free check reads public records, and the Lock kit ($249) gets your name, mark and channel record ready for an attorney.