I’m applying for a TM now. In the meantime, what, if any, symbol can I use in my marketing material BEFORE the TM is issued?

~ san diego, ca

By convention, you can use the ™ symbol, or a superscripted TM. The (r) and ® (pronounced circle r) can only be used after registration is complete. Please consider carefully reading the following article, or have your marketing material reviewed by an attorney.

How to use the ™ symbol

With many trademarks selected by small business, they tend to be somewhat descriptive (rather than suggestive) so proper marking can be essential to place competitors on notice of your claim to trademark rights.

Good luck with your trademark application.

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What symbol can I use BEFORE the trademark is issued? by Andrew P. Lahser, Patent Attorney and Trademark Lawyer

Can I Add The ™ Symbol To My Website ?

Such as Videos, Images, Advertisements etc..

~ Somewhere, out there.

Hi Somewhere, out there:

Definitely Maybe. Trademarks do not protect websites directly. Trademarks protect consumers. Trademark law seeks to prevent consumers from becoming confused about who is selling, sponsoring, originating or is otherwise the source of a good or service. So, you would not be trademarking the website (unless you were building websites for others), you would be trademarking the services (or goods) that you provide at your website.

A trademark provides certain rights. For example, when a competitor marks its stuff (goods or services) in such a way that a customer might become confused (likely to become)), the trademark holder can sue the competitor. Sometimes, there are other remedies, like UDRP proceedings to help with domain names and cybersquatters.

If you want to claim a trademark, you may need to first search to be sure that you have some right to use that trademark, that is, make sure that you do not infringe on the rights of a competitor.

Then, you may wish to apply for your own trademark, at the federal or state level. Or, you may wish to rely on your common law trademark rights. To make decisions about when to perform trademark clearance searches and what trademark applications to file, it is best to consult with an attorney.

For more information about how and when to use the trademark symbol, read this article:

How to use the ™ symbol

Good luck with your website.

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Can the symbol be placed anywhere to the right of the logo based on where it looks best even though it is typically seen in the upper right corner?

Lake Tahoe

By convention, the trademark symbol is typically placed to the upper right of words and to the lower right of symbols. However, the purpose of the trademark symbol is to put competitors on notice of your claim to trademark rights. Any placement of the trademark symbol that does not disrupt this purpose should be sufficient.

Please review the following article for more information about placement of the trademark symbol:

[http://lahserpatent.com/tm-symbol](How to use the ™ symbol)

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Can the trademark symbol be placed anywhere near the logo? by Andrew P. Lahser, Patent Attorney and Trademark Lawyer

Can the trademark symbol match the color of your logo or does it need to be black?

~ Lake Tahoe

Hi Lake Tahoe,

The purpose of either trademark symbol (either ® or ™) is to notify your competitor of your claim of trademark. Any choice of color should not interfere with this purpose. For more info, please review this article:

[http://lahserpatent.com/tm-symbol/](How to use the ® and ™ symbol)

Good luck with your trademark!

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