Can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the TM (trademark) or SM (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the U.S. Patent and Trademark Office (USPTO). You could use either the TM or SM designations with respect to the marks you file through RegisteredWorks and the federal registration symbol ® only after the USPTO actually registers a mark on your behalf and not while an application is pending or has yet to be filed through the government. All three symbols indicate LEGAL claims to your mark. [End U.S.
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