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Use of the TM ® and SM Symbols
The elements TM, SM and ® mainly relate to US requirements and are therefore not required in the European Union: there is no legal basis which makes such use compulsory. However, the proprietor of the trademark may freely choose to use them.
According to US Law, anyone claiming rights in a mark may use the TM or SM symbols, even prior to registration. The ® symbol may only be used after the mark is registered.
We accordingly recommend using the TM or SM symbols as long as your trademark has not been registered, if you decide to use a symbol.
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?