When a company creates a logo, symbol, phrase, or any unique visual element in order to present their product to the public through packaging and advertising mediums, that element is automatically protected under trademark intellectual property law. Though it is recommended, a trademark does not need to be registered with the United States Patent and Trademark Office (USPTO) to be under valid protection. 

Unregistered trademarks which companies own should be indicated through the use of a trademark symbol or trademark sign. The trademark symbol indicates that the element being presented is protected under law and should not be reproduced or replicated in any way that may cause customer confusion. Registered trademarks have a different symbol 

[Trademarked Material]™

The trademark sign indicates that the trademarked material used by the company is intended to distinguish their company and/or brand name from other companies and names. This is intended to protectnot only companies but also  customers, who may thereby understand what they are purchasing from a business they are familiar with. When the trademark is registered with the USPTO, the trademark symbol is changed to a registered trade mark.

When a company creates a unique logo, symbol, phrase, or any unique visual element to present their product or service to the public in packaging or advertisement mediums, that element is automatically protected under United States intellectual property law. 

They may bear a TM symbol or a SM symbol next to the trademark element to indicate this protection. If a company would like added protection and further security, however, they will need to register their trademark or service mark with the United States Patent and Trademark Office (USPTO). 

After a successful registration, the trademark or service mark will be recognized by the USPTO and receive federal trademark registration benefits, indicated by a circled “R” after the mark. The circled R is usually presented after the element in a superscript style.

Although it can be written as (R) or (r) due to a lack of a typewriter character to represent the symbol, the registered trademark symbol appears as follows:

[Registered Mark]®

Material which has not received an official registration with any office around the world cannot legally bear the  circled “R” trademark symbol.