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The word trademark, first recorded in the mid-1500s, literally is the mark (as a name or logo) that is proprietary to a business (trade). Trademarks are often claimed with the ™ superscript (a character that’s written above the line, as opposed to a subscript, which goes below the line).
The ™ symbol is to be used when claiming rights to a good without a trademark registration. It can offer common law trademark rights to the user of the symbol and is the correct symbol to use in the interim while waiting for your registered trademark application to be approved.
The trademark symbol ™ is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol ® which is reserved for trademarks registered with an appropriate government agency.
TM™ Symbol (also SM℠ Symbol) This symbol is used to inform others that you think that the word is your trademark. In some countries, this will give you common law rights. Good examples are the USA, UK, New Zealand, Australia, Canada and some other countries.
If you are selling goods, you should use the TM trademark symbol to identify your unregistered trademark, including names, logos, and phrases. Who can use the TM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.
The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that rights in the mark are claimed in connection with specific goods or services.
The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.
The trademark symbol ™ represents unregistered trademarks (not registered with the United States Patent and Trademark Office) that show a business claims the rights to the trademark (names, logos, slogans) next to it.
TM Symbol: The “TM” Symbol – e.g. “Example TM ” simply means that the user of the mark believes this mark to be more than a mere word or phrase. Use of the “TM” Symbol indicates that the user of the mark considers the word or phrase to be their “trademark.” SM Symbol: The “SM” Symbol – e.g. “Example SM ” is very similar to the “TM” Symbol.
A trademark symbol is either the R with a circle around it (®), a TM symbol, or an SM symbol. Each of these are used in different situations and it is important to understand when and how to properly use these symbols in connection with your brand.