General Info About Trademark Use ™ ®

General Info About Trademark Use ™ ®

Trademark Legal Basics
http://www.trademark.iastate.edu/basics/


Do federal regulations govern the use of the designations "TM" or "SM" or the ® symbol?
http://www.uspto.gov/faq/trademarks.jsp

If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim of a "common-law" mark. No registration is necessary to use a "TM" or "SM" symbol and you may continue to use these symbols even if the USPTO refuses to register your mark. Those symbols put people on notice that you claim rights in the mark, although common law doesn't give you all the rights and benefits of federal registration.

You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending. And it may only be used on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Although there are no specific requirements on where the symbol should be placed relative to the mark, most businesses use the symbol in the upper right corner of the mark. Note: Because several foreign countries use "®" to indicate that a mark is registered in that country, use of the symbol by the holder of a foreign registration may be proper.

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You may want to check with an attorney the use "TM" or "SM" symbols in connection with an already registered ® trademark to avoid possible infringement and federal violation.

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Facts About Federal Offenses
http://www.greghillassociates.com/lawyer-attorney-1237880.html