Trademark Notices: ® or TM?
The “R” in a circle (®) notice should accompany a trademark after it has been registered with the U.S. Patent and Trademark Office (USPTO). Failure to put the notice on a registered trademark can greatly reduce the possibility of recovering significant damages if it later becomes necessary to file a lawsuit against an infringer. The ® symbol may not be put on a mark unless it has been registered with the USPTO. Many people like to put a “TM” (or “SM” for service mark) next to their trademark or service mark to let the world know that they are claiming ownership of it. However, it is not legally necessary to provide this type of notice; the use of the trademark or service mark itself is the act that confers ownership. Reserving a Trademark for Future Use If you like a certain phrase or logo but you aren’t ready to use it, you may be able to reserve it for future use, which keeps someone else from taking it. You can acquire rights to the trademark by filing an “intent-to-use” (ITU) trade