|
 If you have a company or product name that you would like to protect, you can publicly notify others of your intentions through the use of trademark symbols. These trademark symbols are seen on products and advertisements everyday. Just start looking for these symbols on products and in advertisements and you will see them everywhere. However, before you start using these trademark symbols on your products, website or any other advertisements, you should understand the difference between a trademark symbol (“TM”), service mark symbol (“SM”) and the registered trademark symbol (“®”) because you can not use all of them prior to trademark registration.
Both the trademark symbol (“TM”) and the service mark symbol (“SM”) can be used prior to achieving trademark registration. These symbols are both tools that business owners can use at any time prior to trademark registration to signify their claim to a common law trademark. The common law rights you achieve in using these symbols will give you the right to prevent anyone else from using the name in the trademark in the same geographic area in which you sell your goods or services under your non-registered trademark. This claim does not require the registration of a trademark with the United States Patent and Trademark Office or even a pending trademark application.
The only difference between a trademark symbol (“TM”) and the service mark symbol (“SM”) is that you should use the trademark symbol (“TM”) if your trademark is for goods or a product and you should use the service mark symbol (“SM”) if your trademark is for services you are providing.
Finally, to use the registration symbol, or ®, you must first obtain a trademark registration certificate from the United States Patent and Trademark Office. You will receive this certificate from the United States Patent and Trademark Office once your trademark application has been approved. After you receive your trademark registration certificate, you can use the trademark registration symbol (“®”) to notify the public that your company or product name is protected by an actively registered federal trademark. However, make sure you do not use this symbol unless you have received your trademark registration certificate. Using the “®” without having a trademark registered is a violation of federal law.
If you have additional questions on how to register your trademark, call TrademarkArmor.com at 1-877-350-6275 for a free consultation, or click the button below for more information.
| 
1-877-350-6275
