The TM symbol or SM symbol for service marks is the proper symbol to use if your trademark is not yet registered with the USPTO and you want to notify third parties i that you have already filed your application with the USPTO and you are awaiting the certificate of registration or ii you have not filed an application and do not intend to, but you are relying on your common law rights.
You may also use this symbol if you have a state registration. The circle R symbol can only be used when a certificate of registration has been issued by the UPTO and only in connection with the goods or services listed in your registration. If you use your mark in connection with goods and services not listed in the certificate of registration for instance as you expand your goods or services , then those items not listed in your registration should be used with the TM symbol.
If you use the circle R prior to registration or for an unregistered mark, that is considered fraud. Remember that trademarks are territorial in nature, meaning that just because you might own a trademark in the U. Although most countries have similar circle R designations, before indicating your mark in other countries, make sure you check with local counsel to ensure your marketing communications are compliant in each jurisdiction where you operate.
If you have any questions regarding how to properly use your trademark, how to put others on notice of the marks you own, or if you need any assistance with your trademarks or intellectual property, please feel free to contact us. It also must only be used in the regions in which you possess a valid trademark registration. It is without doubt worth a small investment to discuss your particular circumstances with a trademark attorney. The below should not be treated as an exhaustive list of considerations but rather as a small group of illustrations as to why that advice may be required:.
Online you may see many discussions which tend towards thinking that the use of such symbols is irrelevant and indeed the registration of a trademark at all and has no impact on the level of protection you enjoy. Perhaps that it is true in some regions but not in all.
For example, where your mark or brand is not registrable due to descriptiveness, consistent use of the brand can eventually lead you to acquire distinctiveness which might permit registration. In this case, using the TM symbol alongside the brand over a period of time potentially allows you to illustrate that you have been using this brand as a trademark over an extended period of time and it has become recognisable in the marketplace as serving as a distinct identifier for your business.
Use of the TM symbol in the case of unregistered marks can also signify to the public at large and potential infringers that you have the legalities of protecting your brand in mind. This may serve, in some cases, to act as a deterrent to infringement. It should also be borne in mind, that in the creation of a brand, you are creating an intangible but material asset of your company.
For potential investors, this can be a critical factor in the decision making process. While an unregistered brand name may have some value, it is not comparable with the asset potential of a registered brand. There is no single right or wrong approach. There are myriad considerations to bear in mind with each choice to use an appropriate symbol or not. Share The Story. Read more. Angel Investors: Who are they and how does it work?
What is your business worth? Licensing: What is it and how does it work? What is an accelerator — and how can it help you? Contact Us. Kilda Road, Melbourne, Vic. Events Seminars Training. Newsletter sign up.
0コメント