When can an owner of copyright or trademark use “notice symbols” on their products, such as ©, ®, or TM?

For copyrightable works, the owner can place the copyright designation – the “C in a circle” © - on her work from the moment the work is created, and include the year and her name. For example: © 2017 Jane Doe. A copyright notice can be used whether or not the work is registered with the U.S. Copyright Office. The notice is not required, but it puts the public on notice of her intent to claim and enforce her copyright.

          

A trademark owner can always use the “TM” mark on its goods and services, to put the public on notice of his intent to claim and enforce his trademark rights. The “R in a circle” – ® - is reserved only for federally registered trademarks. If you register your trademark with your state trademark registry, but not the USPTO, you may only use the “TM” mark.

I always recommend using the appropriate symbols as soon as you put your product to market. Whether you have registered them yet or not, this gives the public notice that you have considered your intellectual property protections and are prepared to enforce them.