[E-trademarks] Use of TM/SM in US

[Gerry J. Elman]

Moreover, I would advise a client that it's ok to use TM or SM along with their first commercial use of the mark or even in advertising.  This could be BEFORE they've acquired any enforceable rights under common law but are taking a first step towards doing so.

-Gerry J. Elman
Elman IP
Denton, Texas

Sent from my T-Mobile 5G Device



-------- Original message --------
From: Charles Guarino via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: 12/16/24 5:12 PM (GMT-06:00)
To: "For trademark practitioners. This is not for laypersons to seek legal advice." <e-trademarks at oppedahl-lists.com>
Cc: Charles Guarino <cpguarino9 at gmail.com>
Subject: Re: [E-trademarks] Use of TM/SM in US

That is an inaccurate statement.  In the United States, the TM/SM designations may be used to denote the claim of common law rights in a mark.  No pending application is required.

On Mon, Dec 16, 2024 at 6:02 PM Lara Pearson via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Happy work week, list friends:

A US trademark attorney posted on LinkedIn today that use of TM/SM is reserved for those with pending apps.  I don't believe this is accurate (and neither does ChatGPT 😂), but I wanted to double check with the folks in this group, in case I've been missing something all these years.

Thank you.


With appreciation,
Lara Pearson, Esq.
Law Office of Lara Pearson Ltd, PBC & Brand Geek
775.833.1600
Calendly.com/BrandGeek (let's meet)

Creative typoing by iPhone



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