The following concepts are proven methods to use a trade mark symbol if you have a TM symbol for a pending product, a pending service designated by an SM symbol, or a federally registered trademark that is a capital R in a circle. The ideas are the same whether your product is pending or has an official trademark but the applications and legal ramifications are different.
What the symbols do
The trademark symbol and the pending trademark symbols demonstrate that your product or service is unique. The use of the trade mark symbols prevents other companies or people from infringing on the captive market that you hoped to gain by going through the process of applying for a trademark.
The registered trademark gives you legal rights that pending trademark symbols do not. The registered trademark gives you absolute legal rights to the item that you have trademarked. This means you can litigate against any company or person that attempts to use the item or makes a trademark that resembles yours so closely that your income can be diminished.
The TM symbol and the SM symbol do not give you the same legal rights as a registered trademark does. It is usually a good idea to use the SM symbol or TM symbol to stave off potential competition. Preventing potential competition not only protects income but is justifiable in terms of cost and time if you expect to get an officially recognized trademark.
If your product does not have a registered trademark symbol on it you can lose any rights to recover profits or legal costs from a person that infringes on your trademark. Failure to display the registered trademark symbol means you have to prove a competitor knew that you had a registered trademark.
Where you put the trademark symbol is important to your protection. The majority of companies opt for putting the trademark in the upper right corner or lower left of the packaging. The trademark symbol needs to be on a label attached to the item if there is no packaging. If you want an advice from trademark lawyer please visit our page.
If you have trademarked a logo, a phrase, or anything of that nature then the trademark symbol needs to be small but adjacent to the item that has been trademarked.
The registered trademark symbol should appear in all of your correspondence that involves the trademarked item. Use the symbol one time at the first mention of the trademarked item. Using the symbol once gives you the legal protection the symbol entitles you to and prevents your correspondence from looking cluttered.
If you have trademarked a logo or something similar, the trademark symbol should appear adjacent to the logo and at the top of any page of correspondence, press releases, media articles, and photographs.
Do not forget to add the trademark to all of your media pages. This includes your website, social media, and ad programs. The trademark symbol at the top of all relevant pages should be sufficient.
Advertise your trademark
You should have a press release created that announces that you have received a trademark. This little move helps prevent competition and trademark infringement. The trademarked item with the trademark symbol should be the very first thing that can be seen in the press release.