What is the difference between TM, SM and ®?
Under common law and state law, 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 USPTO. However, you may use the Federal registration symbol “®” only after the USPTO actually registers a mark, and not while an application is pending (This differs from patents where “patent pending” status may be marked on products). Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the Federal trademark registration. Some people use Å to indicate an application for registration has been filed.
