How to cite a trademark depends on why you are mentioning it, but you generally identify the mark in prose rather than cite it like a patent. A separate source citation is necessary only when you rely on a trademark registration, advertisement, website, or other record as evidence or authority.
Key Takeaways
- A trademark is normally referenced by its correct name in the text, not placed in a bibliography merely because it is a trademark.
- Do not use patent citation elements, such as an inventor and patent title, to identify a trademark.
- Use TM for an unregistered mark associated with goods, SM for an unregistered service mark, and ® only for an active federal registration.
- Follow the publication's style manual and any usage guidelines issued by the trademark owner.
- Identify the owner or registration record when ownership, status, or scope matters to your analysis.
- Do not present another party's mark in a way that suggests ownership, sponsorship, or endorsement.
How to Cite a Trademark Correctly
A trademark is a source identifier, such as a word, phrase, symbol, design, or combination that distinguishes goods or services. The mark itself is not a publication, so it usually does not need an APA reference, MLA Works Cited entry, Chicago bibliography entry, or patent-style citation. Write the trademark accurately in your sentence and apply the style rules governing your document.
This corrects a common misconception. Citing a trademark does not require the inventor's name, a patent title, and a patent year. Those elements relate to patents, which protect inventions and are cited as legal or technical documents. Trademarks refer to brands and source identifiers. Copyright protects original expression, which is another distinct subject.
If you are simply identifying a branded product in an academic paper, the product name can appear in ordinary prose. If you are discussing who owns the mark, whether it is federally registered, or what goods and services the registration covers, identify the owner and relevant registration information. You may also need a citation to the USPTO record under the citation system required by your school, court, employer, or publisher.
Separate the mark from the source containing it. For example, if you quote an advertisement, cite the advertisement. If you rely on a federal registration to support a legal conclusion, cite that registration record. If your document also discusses an agreement governing the mark, follow the appropriate rules for citing a contract.
APA, MLA, Chicago, and Legal Writing Treatment
No single trademark citation format applies to every document. Current editions of style manuals, court rules, journal requirements, and house style can differ. The following table provides a practical starting point, but you should verify the current manual that controls your work.
| Writing Style | Treatment in Prose | Trademark Symbol | Owner Identification | Reference Entry |
|---|---|---|---|---|
| APA | Use the proper product or brand name in the sentence. | Usually unnecessary in ordinary academic prose unless context or institutional rules call for it. | Include when ownership is relevant to the discussion. | Cite the source you used, not the mark by itself. |
| MLA | Use the mark as part of normal prose and follow the publication's capitalization rules. | Often omitted unless legally or contextually significant. | Add when needed for clarity or attribution. | Create an entry for the advertisement, webpage, registration, or other source being discussed. |
| Chicago | Treat the mark as a proper name, subject to editorial style. | Often minimized in general prose. | Identify the owner when material to the statement. | Cite the underlying source when the source supplies evidence or quoted material. |
| Legal writing | Identify the mark precisely and explain its relevance. | Use if status matters, but do not let the symbol substitute for proof of registration. | Include the owner, registrant, or party when legally relevant. | Cite the registration record, case, agreement, or evidence under controlling citation rules. |
APA 7th edition patent citation format is not an APA trademark format. Similarly, a Bluebook citation to a case, registration record, pleading, or exhibit is different from merely writing a brand name. When status is disputed, use the underlying official record and comply with local court rules rather than relying on the presence of ® on packaging or a website.
Choosing Between TM, SM, and the Registered Symbol
TM, SM, and ® communicate different information. TM commonly indicates a claimed trademark associated with goods. SM identifies a claimed service mark associated with services. You do not need a federal registration to use TM or SM, and a pending federal application does not authorize use of ®.
The registered trademark symbol, ®, indicates federal registration. Use it only when the mark has an active federal registration and only in connection with the goods or services covered by that registration. A state registration alone does not authorize the federal registration symbol. If a registration has expired or been canceled, continuing to display ® can create a misleading statement about the mark's status.
| Symbol | Typical Use | Federal Registration Required? |
|---|---|---|
| TM | A claimed mark used for goods, including an unregistered mark | No |
| SM | A claimed service mark used for services | No |
| ® | A federally registered mark used for covered goods or services | Yes |
The difference between a trademark and service mark concerns what the mark identifies. A trademark traditionally identifies goods, while a service mark identifies services. Federal trademark law and everyday business usage often use the word "trademark" broadly to cover both. See this explanation of service marks versus trademarks for a focused comparison.
Do not confuse ® with a copyright sign. The copyright symbol is ©, not an R inside a circle. For more symbol formats and practical usage, review the guide to the trademark symbol.
Formatting and Placement With Practical Examples
Place TM, SM, or ® immediately after the mark, typically at the upper right when typography allows. Superscript is common, but plain baseline placement may be more practical in email, accessible text, or systems with limited formatting. The law does not require one universal font, size, or keyboard method.
Usually, displaying the symbol at the first or most prominent use is enough for a business article or marketing document. Repeating it after every mention can distract readers. A license, brand guide, packaging standard, or publisher rule may require a different approach, so check the instructions that govern the specific document.
These examples illustrate different purposes rather than one mandatory format:
- Academic sentence: Participants recorded activity with ExampleTrack devices. If the brand's trademark status is not part of the analysis, a symbol may be unnecessary.
- Legal memorandum: ExampleMark is identified in the USPTO record as a federally registered mark owned by the named registrant. Add the registration number and a citation to the record when those facts support the analysis.
- Business article: The company introduced ExampleCloud® software for its customers. Use ® only after confirming that the registration covers the referenced offering.
- Attribution notice: ExampleMark is a trademark of Example Company. Use "registered trademark" only if the verified status supports that wording.
Use the mark as an adjective followed by a generic product or service term when the owner's guidelines request it, such as "ExampleMark software." Preserve distinctive capitalization when practical, but recognize that academic journals, newspapers, and courts may apply their own capitalization policies. Quotation marks and italics are not automatically required merely because a term is trademarked.
Referring to Someone Else's Trademark
You can often name another party's trademark to identify the actual company, product, or service being discussed. A factual reference does not make you the owner. The presentation and surrounding statements still matter, particularly in advertising, comparative claims, domain names, headings, and promotional materials.
Use the correct spelling and avoid altering the mark in a way that confuses readers. Do not attach TM or ® in a manner suggesting that you own the mark. If you identify the owner, use an accurate statement such as "ExampleMark is a trademark of Example Company." Do not call it a registered trademark unless you have verified a current federal registration relevant to that use.
A symbol or attribution sentence does not automatically resolve infringement, false endorsement, or licensing concerns. Likewise, omitting a symbol does not by itself make a misleading use acceptable. Consider the overall impression created by the wording, visual prominence, logos, disclaimers, and placement. A prominent mark combined with statements such as "official," "authorized," or "partner" may raise different concerns from a neutral reference in an article.
If planned use of another party's mark could imply affiliation, will appear in advertising, or is part of a licensing or usage dispute, you can post your legal need on UpCounsel's marketplace. A trademark attorney can check the registration details, evaluate the proposed presentation, assess permission and attribution needs, and draft or review a license or usage agreement. Responses typically arrive within a day.
Also review any published trademark usage guidelines from the owner. Those guidelines may address approved logos, colors, capitalization, attribution language, and prohibited alterations, but they do not replace an analysis of applicable law or contractual obligations.
Checking Registration Status and Attribution Requirements
Verify registration status before using ® or making a statement about ownership. Search the USPTO Trademark Center and review the current record, including the owner, status, mark wording or design, and listed goods or services. USPTO stands for United States Patent and Trademark Office.
A search result requires context. An application serial number is not the same as a registration number, and a pending application is not a registration. A record may also show changes in ownership or status. Confirm that the record concerns the same mark and the relevant goods or services rather than assuming that any similar result supports use of ®.
Attribution notices are often contractual or policy-based rather than a universal requirement for every editorial mention. A license may specify exact language, symbol placement, quality standards, and approval procedures. An employer's brand guide may require a notice on first use. A publisher may remove symbols under its house style. Apply the most specific controlling requirement while avoiding false statements about status or ownership.
For a legal filing, save or cite the official record according to the applicable procedural and citation rules. Include enough detail to identify the record relied upon, such as the mark, owner or registrant, registration number, and relevant status information. The USPTO's Trademark FAQs provide additional official guidance about federal trademark practice.
Trademark Citation vs. Registration, Copyright, and Patents
Citing a trademark and registering one are different tasks. Citation concerns how you identify a mark in writing. Registration involves selecting the mark, evaluating conflicts, identifying goods or services, choosing a filing basis, and submitting an application. A person asking "how do I trademark a phrase" or "how do I trademark a saying" generally needs registration guidance rather than citation rules.
A phrase may function as a trademark when consumers understand it as identifying the source of goods or services. Not every phrase is registrable, and searching only for exact matches may miss confusingly similar marks. The dedicated guide on how to trademark a phrase explains the filing process and related considerations.
Logo protection also involves separate legal rights. Trademark law can protect a logo as a source identifier, while copyright may protect sufficiently original artwork. A copyright logo question therefore cannot be answered by substituting © for TM or ®. The guide to trademarks, copyrights, and logo protection explains how those rights may overlap.
A design mark can protect a particular logo or visual presentation, while a standard-character word mark concerns the wording without limiting protection to one particular visual format. For more detail, see word marks and design mark trademarks.
Finally, patent citations follow technical or legal citation systems and identify a patent document. If you need APA, ACS, or Bluebook treatment for a patent, consult the current official style guide and cite the patent itself. Do not convert those patent formats into a supposed trademark bibliography entry.
Frequently Asked Questions
How Do You Trademark a Phrase or Saying?
You trademark a phrase by using or intending to use it as a source identifier and, if seeking federal registration, filing an application with the USPTO. Before filing, assess distinctiveness, search for potentially conflicting marks, identify the relevant goods or services, and select the proper filing basis. Merely creating or repeating a phrase does not necessarily establish exclusive trademark rights.
How Do I Add a Trademark Symbol?
You can add a trademark symbol through your word processor's symbol menu, character viewer, Unicode support, or copy-and-paste function. Choose TM, SM, or ® based on the mark's use and verified status. If the platform does not support superscript formatting, placing the symbol on the text baseline is generally clearer than omitting necessary status information from a required brand notice.
How Do I Own a Trademark?
You may develop trademark rights by using a distinctive mark to identify your goods or services, while federal registration can provide additional legal benefits. Ownership may also be transferred through a valid assignment. Business-name registration, domain registration, and formation of a corporation do not by themselves establish federal trademark ownership, so document the mark's use and chain of title carefully.
What Does USPTO Stand For?
USPTO stands for the United States Patent and Trademark Office. It is the federal agency that examines applications for patents and federal trademark registrations and maintains related public records. The agency does not enforce private trademark rights for an owner or provide personalized legal advice about infringement, licensing, or whether a proposed mark is safe to use.
How Do I Cite a Patent in ACS Format?
You should cite a patent in ACS format using the current ACS style guidance for patents, not trademark citation conventions. Patent references generally identify the relevant inventor or applicant information, patent title when required, issuing jurisdiction, patent number, and publication or issue date. Confirm the required order, punctuation, and abbreviations in the current ACS guide or the instructions for your journal.
