Question: Which trademark symbol should you use?
Answer: If you have obtained a registration for your trademark, you should use the circled R symbol. Otherwise, you should use the TM symbol.
It’s very important that you only use a circled R symbol if you have federally registered your trademark. Even if you have applied for the registration and received a serial number, you must wait until the registration officially issues. In fact, it’s a violation of federal law to use the symbol without proper registration. Additionally, if the USPTO sees that have used it illegally in the marketplace, they will deny your application.
However, while you are waiting for your registration to issue, you can use the TM symbol next to your trademark. You can also use this symbol before you have even filed a trademark application. This is because, in the United States, we recognize common law rights in trademarks. By putting a TM next to your trademark, you are indicating that you are claiming rights in the mark, even though it is not registered with the government.
Follow us on social media.
LinkedIn: [ Ссылка ]
Facebook: [ Ссылка ]
Twitter: [ Ссылка ]
Founded in 2008, Gerben Law Firm PLLC is a boutique Washington, DC based trademark, copyright and patent law firm. We currently serves clients in all 50 states and from over 30 countries around the world. Founder Josh Gerben opened the firm with the goal of providing big-firm quality legal services to businesses and individuals at affordable prices. In furtherance of this goal, the firm has obtained more than 5,500 trademark registrations for its clients since opening, and has been involved in over 500 trademark enforcement and defense matters.
Visit [ Ссылка ] to learn more.
#AskATrademarkAttorney
