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Using the trademark symbols TM, SM, and ® Every time you use your trademark, you can use a symbol with it. 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.
Using a registered trademark without permission from the owner can lead to a trademark infringement lawsuit. However, a trademark registration does not always protect all uses of a trademark. There are some situations where even registered trademarks can be used without asking permission.
As part of the Statement of Use, the USPTO requires you to (1) set forth the date on which your trademark was first used anywhere in the United States, (2) set forth the date on which your trademark was first used in interstate commerce, and (3) submit at least one specimen showing actual use of your trademark per ...
Prepare the Cancellation Petition: Work with your attorney to draft a formal petition for cancellation. The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled.
Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.
How you choose to protect your trademark is up to you. You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.
Use of the TM symbol does not guarantee that the owner's mark will be protected under trademark laws. The owner may use the TM symbol regardless of whether an application for registration has been filed or whether the trademark is registered, and even if an application for registration of the mark is refused.