What is the difference between the symbols TM, SM or ® and how are they used?
In the U.S., TM (trademark) and SM (service mark) symbols denote that the owner treats the name as a trademark or service mark respectively – they do not represent that the mark is on file at the trademark office. ® symbol denotes that the mark is a U.S. federally registered trademark. Only a mark that has been registered at the USPTO may use the ® symbol. Premature use of the ® symbol is considered deceptive and may result in a mark being refused registration. It is recommended that the TM (or SM) symbol be applied on new names even before an application is filed because this will give notice to the public and establish the owner’s intention to treat this name, slogan or logo as a trademark.
