Jan 4, 2010
The designation TM (trademark) or SM (service mark) can be used by anyone who claims the right to an original name for their product. The claim may or may not be valid. It is not necessary to have a registration, or even a pending application, to use these symbols.
The symbol ® may only be used when the trademark is registered in the Patent and Trademark Office. This symbol may not be used before the registration is issued.
Source: U.S. Department of Commerce. Patent and Trademark Office. Basic Facts About Registering a Trademark, p. 4.
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