So the SM symbol can be applied to for marks for services while the TM symbol can be applied marks for goods. When a mark is used in connection with services, the mark is technically called a service mark. What is the difference between TM and SM symbols?īoth TM and SM symbols serve the same purpose: providing notice that a owner considers a particular mark to be proprietary.
#R copyright symbol text registration#
In fact, it is entirely lawful to use the TM symbol to signify unregistered common law rights to a mark for which federal registration has not been applied. No, the TM symbol does not necessarily signify that a trademark application is pending. Does the TM symbol mean that a trademark application has been filed? If you’re thinking of using or applying for a similar mark, you may want to reconsider unless you have strong arguments for making fair use of the term. Nonetheless, it is useful to know where a competitor is coming from if you see the TM symbol next to an unregistered mark.
Not all marks are protectable, and the fact that a company placed a TM symbol next to a term or slogan does not necessarily mean that they have the right to stop others from using the term. As discussed further below, a circle R symbol may be used only when a trademark is registered. In other words, the owner is claiming rights to that mark even if a trademark application has not been filed. The TM symbol placed next to a mark is meant to put the public on notice that the owner considers that particular mark to be proprietary.
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