^tm and ®: When Can I Use Them?

©2001 by Elliott A. Myles, Esq.

THE CASTLEMAN LAW FIRM
A Professional Corporation

5870 Stoneridge Mall Road, Suite 207
Pleasanton, CA 94588
(925) 463-2221
fax (925) 463-0328

The answer to this question is really quite simple:

® is statutory. Using ® provides notice that a trade mark or service mark has been registered with the United States Patent and Trademark Office. ® can only be used if the mark has actually been registered. It cannot be used if an application for the mark is still pending but the mark has not yet been registered.

On the other hand, ^tm is not statutory, but is "quasi-legal." A person may use ^tm even though the trade mark has not been registered. ^tm may be used simply to show an intent to apply for registration. However, ^tm is not a substitution for registration and does not stop others from challenging the use of a non-registered trade mark.

If you have questions about the law on trade marks or service marks, please contact The Castleman Law Firm.

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