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

daniel at keganlaw.com daniel at keganlaw.com
Tue Dec 17 00:42:49 UTC 2024


There are registered trademarks and there are unregistered trademarks.
TM/SM indicates someone believes the phrase is a trademark;
a US federal trademark registration indicates the USPTO believes the registrant has evidence the
phrase is a trademark.
In a dispute, all contingent on what the jury/judge decide.

> A US trademark attorney posted on LinkedIn today that use of TM/SM is reserved for those with pending apps.

I wonder what statute is cited for support.
Also, a registrant can use TM/SM rather than ®, no longer having a live application, which matured into registration.

Daniel Kegan
Kennett Sq PS USA.

> On Dec 16, 2024, at 6:00 PM, Lara Pearson via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 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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