When Can You Use the TM or SM sign?

Hello!

Welcome Back! Today I am going to discuss when it is appropriate to use the TM or SM sign after your trademark. First let me explain what the TM or SM sign represents.

A TM is an acronym for trademark while SM is an acronym for service mark. A trademark identifies unique goods or products, .i.e., Cheerios Cereal. A service mark identifies unique services, i.e., Anderson Consulting.

It is appropriate to use the TM or SM sign after your trademark or service mark when you claim a right in your trademark or service mark. What does this mean? It means that you are using the trademark or service mark in connection with the sale of goods or services in commerce. Click here for my explanation of "Use In Commerce." You can use the TM or SM signs regardless of whether you have filed an application with the USPTO. As I have discussed previously, an individual or entity can have common law trademark rights. If you are first to use a trademark or service mark in your region, you have common law trademark rights. This right is granted to an individual or entity without USPTO registration.

Why is it important to use the TM or SM sign? Well it puts the public on notice that you are asserting rights in your trademark. So an infringer may be deterred if they see that you are claiming a trademark right. However, it is still very crucial that you do obtain registration from the USPTO. USPTO registration protects your trademark or service mark nationwide and is important in obtaining trademark registrations in other countries. You can only use the official R symbol once the USPTO grants registration of your trademark or servicemark.

I hope this information was helpful. If you have any questions or would like to leave a comment, please do so.