In the marketplace, you will see three types of symbols used to designate to the public that a name, logo, or slogan is being used as a trademark/service mark. The first type is "TM". This symbol is used to put the public on notice that you claim a "common-law" trademark. If the company was providing a service, you would see "SM" next to their common law service mark.
Though these common law symbols put others on notice you are claiming common law trademark rights in the mark, they do not provide you all the rights and benefits that derive from federal registration.
If you decide to apply for federal registration, and the U.S. Patent & Trademark Office registers your mark, you may begin using the federal registration symbol "®". This symbol is usually placed in the upper right corner of the mark, but that is not legally required; the placement of the symbol is up to the owner of the mark and thus, may be placed on the lower right or left hand corners as well.
For more information, please contact a trademark attorney today to setup a free 30-minute consultation.
Though these common law symbols put others on notice you are claiming common law trademark rights in the mark, they do not provide you all the rights and benefits that derive from federal registration.
If you decide to apply for federal registration, and the U.S. Patent & Trademark Office registers your mark, you may begin using the federal registration symbol "®". This symbol is usually placed in the upper right corner of the mark, but that is not legally required; the placement of the symbol is up to the owner of the mark and thus, may be placed on the lower right or left hand corners as well.
For more information, please contact a trademark attorney today to setup a free 30-minute consultation.
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