Are there federal regulations governing the use of the designations “TM” or “SM” or “®” with trademarks?
For “TM” or “SM,” no, but the use of “®” is limited by federal law. The “TM” and “SM” designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued. The federal registration symbol “®” may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has been registered. The federal registration symbol should only be used on goods or services that are listed in the federal trademark registration.
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- Are there federal regulations governing the use of the designations "TM" or "SM" or "®" with trademarks?
