When can I use the symbols TM, SM and ®?
You can start using the TM and SM from the moment you decide to claim your rights on a mark. However, the federal registration symbol “®” can only be used after the USPTO actually registers the mark, and not even while the application is pending. The registration symbol can be used with the mark only on or in connection with the goods and services listed in the federal trademark registration.
What do the symbols TM, SM and ® signify?
Any time you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol “®” only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.