Can You Use TM Without Registering Trademark? Understanding Trademark Symbols

TM vs. ®

  • The "TM" symbol indicates an unregistered trademark, meant to assert ownership over a brand or mark.
  • The "®" symbol signifies a registered trademark with the United States Patent and Trademark Office (USPTO).
  • Anyone can use the TM symbol without registration, it claims rights without formal registration.
  • Full benefits and protections of a trademark, including nationwide protection and the right to sue for statutory damages, come with formal registration.

Use and Protection of Unregistered Trademarks

  • While you can use the TM symbol without a registered trademark, it only provides limited legal rights within the geographic area the mark is used.
  • The onus is on the business using the TM symbol to prove prior use in the case of a dispute.
  • Owners of unregistered trademarks might not be entitled to statutory damages under federal law, and are instead limited to actual damages.

Registration: Is it Necessary?

  • Federal Protection: An unregistered mark doesn’t enjoy nationwide protection.
  • Proof of Prior Use: The business using the TM symbol must prove prior use in legal disputes.
  • Statutory Damages: Owners of unregistered trademarks may not be entitled to statutory damages under federal law.
  • Using an unregistered trademark is likened to using a public park; you may use it, but so may others.

Trademark Registration Process

  • Certain procedures must be followed to apply for a trademark.
  • A trademark search is advised before attempting to register to avoid conflicts.
  • Registering a trademark establishes legal ownership and exclusive rights under its class.

Frequently Asked Questions

Can I use TM for an unregistered trademark?
Yes, the TM symbol can be used for unregistered trademarks to indicate the claim of a mark.

Can I use a trademark that is not registered?
Yes, you can use it, but doing so does not offer the same protection as a registered trademark and may affect legal enforceability.

Can I register a trademark myself?
Yes, individuals can apply for a trademark following the correct procedures.

Should I copyright or trademark my logo?
Trademarks are appropriate for logs as they identify a company or brand.

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