Note too that the circle R is for FEDERAL registrations if you have a state trademark registration, you should continue using the TM or SM symbol.
How to put the r trademark symbol registration#
If you own the registration for clothing and shoes, but not for coffee mugs, then you can use the circle R with clothing and shoes, but must use the TM symbol for the coffee mugs. Note too that you only have the right to use the circle R symbol in conjunction with the goods for which you have the federal trademark registration. Circle R is for active registrations in good standing. If your registration has lapsed for some reason, you must return to using the “TM” symbol. Note that I said “after your mark has registered.” You don’t have the right to use the “R” symbol until your registration has been granted, and merely having submitted an application for registration is not enough. The “circle R” symbol is used after your mark has been registered with the United States Patent and Trademark Office. (And you are going to register it, right?) It puts others “on notice” that you are using that term or design as a trademark, even though you haven’t gotten around to registering it yet. It merely serves to inform the public that you claim this as a source identifier for your goods. Note, however, that use of the TM symbol does not magically transform a word or a phrase that is incapable of serving as a trademark into a word or a phrase that is capable of serving as a trademark.
Please note that the TM symbol is also commonly used for services in lieu of the SM symbol.
You can use the TM or SM symbol at any time, irrespective of whether your mark is registered with the United States Patent and Trademark Office or not. Part One: Which symbol do I use, and when? Anyone who is claiming rights to a trademark can use the TM or SM symbol on the words, logo, or anything else that they are using as a source identifier for their goods and services. Let’s break that compound question down into its component parts. One of my clients asked me yesterday, “Where do I put the trademark symbol, and can I use the “TM” symbol or do I have to wait to use that until after I get my trademark registration?”
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