What do the symbols “TM”, “SM”, and “®” stand for?

The symbol “TM” stands for trademark, while “SM” stands for service mark. These symbols may be used for any mark which a person claims rights to, even if they have not officially filed a registration with the United States Patent and Trademark Office. The symbol “®”, on the other hand, cannot be used without a mark being first officially registered, as it is the federal registration symbol. The use of such a symbol can only occur after the United States Patent & Trademark Office (USPTO) registers a mark, meaning that an application pending status does not grant power to use the registration symbol. After registration of a mark is granted, an individual is free to use the federal registration symbol for whatever goods and/or services are outlined in the registration filings.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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