The ® and ™ symbols communicate the protection status of your distinctive sign. In Argentina, ® may only be used for trademarks registered with the INPI (Argentina’s National Institute of Industrial Property); ™ indicates use as a trademark without formal registration.
Using them correctly is not a design detail: they tell the market and your competitors what legal situation your trademark is in. If you haven’t protected it yet, the first step is to register your trademark in Argentina; only once the registration has been granted will you be able to use ® and enforce your rights.
The ® symbol (registered trademark)
The circled R indicates that the trademark has a valid registration in Argentina. It should be used next to the sign exactly as registered — same typeface, same logo — and in connection with the goods or services covered by the certificate.
Using ® without a registration may be considered a misleading practice toward consumers and competitors. That is why it is best to wait until the INPI grants the trademark and you hold the registration certificate before adding it.
The ™ symbol (trademark)
™ is the abbreviation of trademark. It indicates that a name, logo, or slogan is being used as a brand identifier, so any company or entrepreneur can display it as part of their commercial identity.
In international practice, ™ communicates that you use a sign as a trademark even though it does not yet have a granted registration. In Argentina it is not regulated as explicitly as ®, but it is used as a signal of commercial intent. It does not replace registration: on its own, it gives you no exclusive rights.
TM or ®: which to use depending on the status of your registration
- ™ (trademark): for unregistered trademarks or those with a pending application. It is useful for startups and new brands that are still building their presence in the market, and you can use it from the moment you decide to position the sign.
- ® (registered): only when the trademark has been registered with the INPI in Argentina, or with the trademark office of the country where you use it.
Where to place trademark symbols
The symbol goes in superscript, at the upper right corner of the trademark. The lower right corner is also accepted. Never place it above, below, or to the left of the sign.
The value of ™ for a company
Beyond informing, ™ adds intangible value: it reinforces the perception of professionalism and reliability, builds trust among customers, investors, and business partners, and helps the brand be recognized and stand out from the competition.
In some countries, continuous use of ™ can serve as evidence of the intention to protect a trademark in a dispute. In Argentina and most of South America, it does not carry legal weight equivalent to registration, but it remains a useful tool for managing the brand while the application is pending.
What about ℠ (service mark)?
It is a convention from English-speaking jurisdictions for services, equivalent to ™, used mainly in the United States. In the Argentine system there is no formal distinction: you register trademarks for goods and for services under the same Trademark Law No. 22,362, differentiated by Nice classes.
That is why, in Argentina and most countries in the region, ℠ has no legal relevance and is not commonly used: for both goods and services, ™ is used until registration is obtained, and ® afterwards.
Common mistakes
- Using ® while the application is pending — there is no registration yet.
- Using ® on a sign different from the one registered — for example, you changed the logo but kept the symbol.
- Forgetting ® once the registration is granted — it is not mandatory, but it reinforces the message to the market and to competitors.
Practical recommendation
While your application is pending: you can use ™ if you want to signal intent. When the INPI grants the registration, update your materials with ®. If you need to check the status of your application or plan the correct use, get a free consultation →
Keep reading: Trademarks for sale: a world in motion · The advantages of buying a registered trademark
