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How do I use the TM, SM and ® symbols?

Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation to alert the public to the claim, regardless of whether they have filed an application with the USPTO. This claim may not be valid, but merely evidences the owner's belief that the mark is protectable.

Use of the federal registration symbol, ®, can only be used when the mark has been registered with the USPTO. It is improper to use the ®, at any time before registration is granted by the USPTO.

Note that the TM, SM and ® symbols are not considered part of the mark and should not be included with the mark in the drawing you submit with an application.


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