Can I use the TM symbol for my brand that has not been registered yet?

I live in England and would like to register my trademark. Is it legal for me to use the TM symbol until my trademark application has been successful?

The â„¢ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark.

The Â® symbol is to be used for marks that have a registered trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

NO are u crazy? u could get put in jail for that!! i wouldn't do that. i would just wait until mines is registered...then use my own....

Yes, if your Trademark is an International one, it can be used on anything, if it is a UK Trademark, is only good in the UK. I been reading up on that junk ever since DRM and that Geneva thing started being acted on. You will need to conact the Trademark and Patents Dept or whatever for your country, then pay alotta money for a search, hire an attorney, a Patent Attorney, a Trademark Attorney and a cab.
You can allways use a CC License, they are International and apparently legal as any. You can also select which one to use, like if you write a story, and I read your story to my class, if you used a Share License, but do not reprint, I can do that. If you use the Do not Print,Share,or Use unless you contact me or my agent and pay me.
I am going to TM the word Glifgkping, cause I just made it up and its MINE!

If you have applied for registration but not recieved it you should state TM pending.

it isn't legal till you have the trade mark legally - your probabaly going to lose the right to a trade mark if a company wanting your design see's you doing this they can afford better lawyers and they do look for designs they can have on the cheap without proper trade marks/copyright (adding tm isnt a trade mark or a patent or copyright) - big companies actually hunt out small businesses that don't have proper trade marks or patents just to gain good ideas as it saves them doing research and development so it is cheaper for them

A Trade Mark is often represented as â„¢. The trademark symbol shows that a name is used by a business to exclusively identify itself or a specific product. Trade marks do not need to be registered, but under UK law (and the law in this respect may vary from country to country) it is the first person who registers the trademark who can legally prevent others from using it. http://www.ramage.co.uk/ - Useful Trade Marks Information Site.

You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

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 "Â®" 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.

The application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity who controls the nature and quality of the goods identified by the mark and/or the services rendered in connection with the mark. The owner may be an individual, corporation, partnership, or other type of legal entity. If you do not reside in the United States you may appoint a "domestic representative" as part of the application process. The name and address for correspondence is the address where the USPTO will send communications concerning the application. It may be that of the applicant or the applicantâ€™s legal representative. Also, an applicant residing outside the United States may list a domestic representative, that is, the name and address of any person residing in the U.S. "upon whom notices or process may be served for proceedings affecting the mark." You must keep your mailing address up-to-date with the USPTO. This can be done through TEAS at http://eteas.uspto.gov/V2.0/ca200/WIZARD.htm. If you send a notice of change of address on paper, include at the top of the request a "heading" listing the applicant's name, mark, and the application serial number. Mail the change of address to:

Commissioner for Trademarks
P.O. Box 1451
Alexandria , VA 22313-1451

No, I don't think so. You have to wait until your application has been successful -- to be safe

YES .. the TM indicates a trade mark that exists but has not yet been registered. The R with a circle around it indicates you have registered it. START using the TM immediately in your ads etc. if you are asserting a trademark to protect yourself..

I am about to register my new brand to TM and would like to use TM mark until registration goes through.Do I have to apply TM sign every time brand name and logo appear in brand book,web site etc ? Many thanks!

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