The TM vs registered trademark symbol question on an Amazon listing has a short answer: you may put “TM” next to your brand on packaging, images, or product copy at any time, with or without a filing, but you may use ® only after the USPTO has registered the mark, and only for the goods listed in that registration. A pending application does not unlock ®. Using a brand already gives you common-law rights, limited to the area where you trade; federal registration makes them nationwide and adds the legal tools that matter once you enroll in Brand Registry.
Sources: USPTO pages What is a trademark? and Why register your trademark?, the USPTO register definitions page, section 906 of the Trademark Manual of Examining Procedure (TMEP), and Amazon’s public Brand Registry page for enrollment rules (all data checked 2026-10-09). This guide explains the rules; it does not assess whether any particular name can be registered.
TM vs Registered Trademark Symbol on Amazon: The Quick Answer Table
The USPTO states the rules in three sentences: “You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.” Then: “Once you register your trademark with us, use an ® with the trademark.” And the limit: “You may only use the registration symbol with the trademark for the goods or services listed” in the registration (data checked 2026-10-09).
| Your brand’s status | TM / SM | ® |
|---|---|---|
| Using the brand, never filed | Yes | No |
| USPTO application pending | Yes | No |
| USPTO-registered, product covered by the registration | Yes | Yes |
| USPTO-registered, but for different goods | Yes | No, not on the uncovered goods |
| Registered only with a US state | Yes | No |
| Registration expired or cancelled | Yes | No |
Two rows surprise most sellers. First, nobody issues TM. TMEP section 906 says a party “may use terms such as “trademark,” “trademark applied for,” “TM” and “SM” regardless of whether a mark is registered. These are not official or statutory symbols of federal registration.” Second, ® is tied to a goods list, not to the brand in general: a brand registered for kitchen tools does not get ® on phone cases it later adds.
On placement, the USPTO says you “may use the registration symbol anywhere around the trademark,” though “most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark.”
Common-Law Trademark Rights: What You Get Without Registering
You do not need to file anything to own a US trademark. The USPTO: “You become a trademark owner as soon as you start using your trademark with your goods or services,” and “You’re not required to register your trademark.”
These common-law rights have one weak point, which the same page names: “You establish rights in your trademark by using it, but those rights are limited,” because “they only apply to the geographic area in which you’re providing your goods or services.”
For an Amazon seller, three consequences follow:
- Your rights rest on evidence of use. Keep first-sale records, early listing screenshots, and invoices showing the brand. In a dispute, that file is your case.
- Other sellers may not find you. The USPTO notes its search database is “limited to federal trademark applications and registrations and do not include the trademarks of other parties who may have trademark rights but no federal registration.” The reverse also holds: before building a listing around a new name, the USPTO suggests searching “the Internet, state trademark databases, and business name databases.”
- TM is the only symbol available to you. It signals the claim, nothing more.
A state registration sits in between. The USPTO says registering with a US state “creates rights in that state only,” and TMEP 906 adds: “Registration in a state of the United States does not entitle a person to use the federal registration notice.”
What Federal Registration Adds: Principal vs Supplemental Register
Federal registration is where ® comes from, but the USPTO keeps two registers, and they are not equal.
The Principal Register “is the primary register for all trademarks,” and if you do not pick one, “the USPTO will presume that you are seeking registration on the Principal Register.” Its listed advantages include “A legal presumption of the registrant’s ownership of the mark,” a constructive-use date from filing, federal court access, recordal with U.S. Customs and Border Protection “to prevent importation of infringing foreign goods,” and a right that “can become “incontestable,” subject to certain statutory defenses.”
The Supplemental Register is the fallback for names that describe the product. The USPTO defines it as “a listing of non-mark designations (such as descriptive words) that are “capable” of eventually becoming a “mark.”” Its example of merely descriptive wording is “COLD AND CREAMY for ice cream.” A designation there “is not a “trademark” yet,” but the first advantage the USPTO lists is: “The registrant may use the registration symbol ®.”
| Benefit (USPTO definitions page) | Principal | Supplemental |
|---|---|---|
| May use ® | Yes | Yes |
| Sue for infringement in federal court | Yes | Yes |
| Basis for foreign registration | Yes | Yes |
| Blocks later confusingly similar registrations | Yes | Yes, under Section 2(d) |
| Legal presumption of ownership | Yes | Not listed |
| Customs (CBP) recordal | Yes | Not listed |
| Can become incontestable | Yes | Not listed |
This matters on Amazon because descriptive brand names are common in the catalog. A seller on the Supplemental Register may display ® while holding narrower rights than the symbol suggests to shoppers.
Amazon’s public Brand Registry page does not say whether a Supplemental Register registration is accepted (data checked 2026-10-09). It accepts “a text-based mark (word mark) or an image-based mark with words, letters, or numbers (design mark).” If your mark is on the Supplemental Register, confirm with Amazon during enrollment.
When ® Becomes Legal, and the Misuse Cases the USPTO Lists
The trigger for ® is registration, not filing. TMEP section 906: “The federal registration symbol may not be used with marks that are not actually registered in the USPTO. Even if an application is pending, the registration symbol may not be used until the mark is registered.”
You know the date has arrived when the certificate appears. The USPTO’s electronic registration page says: “We upload official registration certificates to the Trademark Status and Document Retrieval (TSDR) system.” Until TSDR shows it, keep TM on packaging and images.
How seriously does the USPTO treat misuse? TMEP 906.04: “Improper use of the federal registration symbol, ®, that is deliberate and intends to deceive or mislead the public or the USPTO is fraud.” TMEP 906.02 adds that “misunderstandings about use of federal registration symbols are more frequent than occurrences of actual fraudulent intent,” and lists the common innocent causes. Read as an Amazon audit list:
- Confusing trademark and copyright notice. © can go on material when first published; ® “may not be given until after registration.”
- Printer errors. The manual names “Inadvertence in not giving instructions (or adequate instructions) to the printer.” A factory adding ® to your logo file by default is the modern version.
- Relying on a state or foreign registration. TMEP 906.01 accepts a foreign applicant’s ® when “based on a registration in a foreign country” that uses the symbol. A US state registration gives no such basis.
- Registration of only part of the mark, such as ® next to an unregistered tagline.
- Registration for other goods.
- A recently expired or cancelled registration. The USPTO says you “must file a maintenance document after your trademark has been registered for five years.”
The USPTO also flags ® during examination. Under TMEP 906.03, when a specimen shows ® with an unregistered mark, the examining attorney “must point out to the applicant” that the symbol “may not be used until a mark is registered in the USPTO.” Product photos submitted as specimens are where premature ® usually surfaces.
How the Symbol Question Connects to Brand Registry
Brand Registry runs on a different gate. Amazon requires “an active, registered trademark or a pending trademark application for your brand name or logo that’s issued by the designated government trademark office of a country with a corresponding Amazon store” (data checked 2026-10-09). So a seller can be inside Brand Registry on a pending application and still be barred from ®. Enrollment does not change the USPTO rule.
Amazon also requires that “You must be the trademark owner,” that “Your trademark text must match the brand name on your Brand Registry application,” and that you have “the trademark registration or application number provided by the designated government office.” Its public page does not mention the ™ or ® symbols at all; the symbol rule comes from the USPTO. Our Amazon Brand Registry guide covers the pending-versus-registered paths in detail.
Some protection tools need full registration rather than a pending filing: the Transparency program cost guide covers Transparency’s requirement for an active, registered trademark, and the listing hijacking playbook shows where Project Zero fits. If you have not filed yet, the IP Accelerator guide explains Amazon’s fee-capped filing route.
Timeline and Cost Before You Can Show ®
Because ® waits for registration, USPTO processing time decides how long your listing stays on TM. The USPTO’s processing wait times page shows an average of 4.3 months from filing to the first examining action, and 10.4 months until the trademark registers or the application is abandoned (data updated as of October 1, 2026; data checked 2026-10-09).
Government fees from the USPTO fee schedule (electronic filing, data checked 2026-10-09):
| USPTO fee | Amount |
|---|---|
| Base application, per class | $350 |
| Insufficient information surcharge, per class | $100 |
| Free-form text box instead of the Trademark ID Manual | $200 |
| Statement of use (intent-to-use filings), per class | $150 |
| Six-month extension to file a statement of use, per class | $125 |
These are government fees only; representation costs vary by provider.
Common Mistakes With TM and ® on Amazon
- Switching to ® when you file. Filing proves you applied, not that you are registered.
- Treating Brand Registry approval as registration. A pending application can get you in; it never gets you ®.
- One ® for the whole catalog. Check each new product line against the registration’s goods list.
- Printing ® on packaging “in advance.” Print TM, then update the artwork at the first reorder after registration.
- Forgetting maintenance. A lapsed registration takes ® with it.
- Assuming no USPTO hit means the name is free. Common-law owners are not in the federal database.
Frequently Asked Questions
Can I use ® on my Amazon listing with a pending trademark?
No. TMEP 906: “Even if an application is pending, the registration symbol may not be used until the mark is registered.” Use TM, even after enrolling in Brand Registry with that application.
Do I need to file anything to use TM?
No. The USPTO says you can use “TM” for goods or “SM” for services “even if you haven’t filed an application to register your trademark.”
Does a Supplemental Register registration let me use ®?
Yes. “The registrant may use the registration symbol ®” is the first Supplemental Register advantage the USPTO lists. The presumption of ownership, Customs recordal, and incontestability are not on that list.
Is using ® before registration illegal?
TMEP 906.04 calls improper ® use “that is deliberate and intends to deceive or mislead the public or the USPTO” fraud, while 906.02 notes honest mistakes are more common. Either way, the fix is to remove ® until the registration issues.
Conclusion
On an Amazon listing, TM is always available and ® is earned. Use TM from your first sale, keep records that prove that use, and switch to ® only after TSDR shows a USPTO registration covering the product you are listing. Brand Registry can come earlier on a pending application, but the symbol rule does not move with it. Next steps: the Brand Registry guide for enrollment, and Amazon listing optimization for the listing itself.