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LegalCornerTM - Trademark F.A.Q.'s

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Q.TM, SM or ?

A.You always want to apply the proper notice to your mark. If the mark is registered at the federal level (e.g. you have received a final registration certificate from the Patent and Trademark Office) you may apply the symbol, regardless of whether the mark is for goods or services. However do not use the symbol if your application is still pending. The federal registration symbol evidenced by the R in a circle should only be used on goods or services that have been formally registered with the United States Patent and Trademark Office. Use of the (r) symbol absent a federal registration is considered deceptive and may result in a mark being refused registration at a later date.

Where registration has not been accomplished at the federal level, you should use the TM symbol if the mark is used to identify goods or products, and the SM symbol if the mark is being used to identity services. The TM and SM symbols may even be used if the mark is not registered at the state level.

Copyright 1999-2018 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.