For every brand owner working with private label clothing manufacturers, understanding trademark symbols¹ is essential. Using ™ and ® correctly helps protect your designs and brand identity—especially in the competitive apparel market in the USA. But what’s the real difference, and how should you use each symbol?

™ can be used by any brand to claim ownership of a name or logo before federal registration², while ® is only for trademarks officially registered with the United States Patent and Trademark Office (USPTO). Using these symbols properly protects your brand and signals your rights to others.

Below, I’ll explain how each symbol works, why they matter, and how to integrate trademark best practices³ into your private label apparel business.

What Does ™ Mean in Branding and Clothing Labels?

Trademark symbols are your first line of defense in protecting your apparel brand’s unique identity.

Clothing Display Booth

How Does ™ Protect Your Brand Before Official Registration?

The ™ symbol stands for “trademark” and shows that you claim rights to a name, logo, or slogan—even if you haven’t registered it yet.

• It puts the public on notice that you consider your mark to be your property.
• You can use ™ the moment you start using your brand name or logo on products, packaging, or marketing—no registration needed.

While ™ doesn’t provide the legal weight of a registered trademark, it’s a clear signal of your brand’s intentions and can deter copycats from using similar names.

When Should Clothing Brands Use the ™ Symbol?

• When you’re launching a new line or brand and haven’t registered yet.
• On your tags, labels, and packaging from day one.
• For slogans or logos that you’re still developing or testing.

Pro tip: Use ™ in superscript (small and raised) immediately after your brand name or logo.

What Does ® Mean and How Is It Different from ™?

Now let’s talk about the ® symbol—and why using it incorrectly can lead to big problems.

Why Is ® Reserved for Federally Registered Trademarks?

The ® symbol can only be used once your trademark is officially registered with the USPTO (United States Patent and Trademark Office).

• Using ® before your registration is approved is actually illegal in the US and can expose your brand to fines or legal challenges.
• ® offers much stronger protection than ™—including the right to sue in federal court and block infringing imports.

What Are the Legal Benefits of Registering Your Brand with the USPTO?

• Exclusive nationwide rights to your mark in connection with your goods.
• Public notice of your ownership and priority over similar names.
• Ability to enforce your rights, including stopping counterfeits at US Customs.
• Higher credibility with partners, retailers, and investors.

Bottom line: If you’re serious about building a brand in the USA, aim for ® status as soon as you can.

Why Are Trademark Symbols Important for Private Label Clothing Manufacturers in the USA?

If you’re launching or selling private label apparel, these symbols help build a real brand—and protect your business.

How Do ™ and ® Help Build Brand Identity and Prevent Copycats?

• Using ™ or ® on your tags and packaging shows you’re a professional brand, not just a generic product.
• These symbols can deter other sellers from copying your name or designs, especially on popular marketplaces or retail shelves.
• Trademarks are a key tool for legal action if a competitor or factory tries to use your mark without permission.

What Are the Risks of Using ® Without Proper Registration?

• It’s illegal to use ® in the US without a current USPTO registration.
• Doing so can result in:
  • Loss of trademark rights⁴
  • Fines and legal penalties
  • Damage to your brand reputation⁵ and relationships with retailers or platforms

Always check your registration status before adding ® to any label or marketing.

How Can You Register Your Clothing Brand Trademark in the USA?

Registering your mark gives you the highest level of protection—here’s how to do it.

What Steps Should You Follow to Register with the USPTO?

1. Search for conflicts: Use the USPTO TESS database to see if your desired name or logo is already taken.
2. Apply online: File through the USPTO’s Trademark Electronic Application System (TEAS).
3. Provide details: Submit your logo, sample tags, and list the apparel goods you’ll sell.
4. Wait for review: The USPTO reviews, may ask questions, and eventually publishes your mark for opposition.
5. Receive your registration: Once approved, you can legally use ® on your clothing and marketing.

How Long Does It Take and What Does It Cost to Secure a Trademark?

• Timeline: The process usually takes 8–12 months, but can be longer if there are issues.
• Costs: Government fees start around $250–$350 per class of goods. Attorney or filing service fees can add $500–$1500 or more, depending on complexity.
• Tip: You can start using ™ immediately—even while your registration is pending.

  

How Do Private Label Clothing Manufacturers Support Trademark Protection?

Working with experienced manufacturers is key to safeguarding your brand assets.

How Can Manufacturers Ensure Proper Branding on Custom Labels and Tags?

• Following instructions: Send clear label artwork with ™ or ® placement specified in your tech packs or order forms.
• Sample approval: Always review and approve samples of tags, woven labels, care labels, and packaging before bulk production.
• Consistent usage: Good factories will follow your instructions for every run, helping maintain brand integrity.

What Are Best Practices for Including ™ or ® on Your Clothing Products?

• Place the ™ or ® in superscript immediately after your brand name on neck labels, hang tags, packaging, and marketing material.
• Never use ® unless your mark is registered; use ™ during the application or testing phase.
• Keep clear records of your branding, registration status, and label instructions for every style and order.

A strong relationship with your manufacturer ensures that your brand is protected, from the first sample to every shipment.

Conclusion

Understanding the difference between ™ and ® is essential for any brand working with private label clothing manufacturers in the USA. Use ™ to protect your name from the start, register your mark for the right to use ®, and work closely with your manufacturer to keep your branding consistent and legally secure. This not only prevents copycats, but also builds lasting value in your apparel business.