November 8, 2013

The ™ symbol is available to use with an unregistered mark. Thus, a new mark launched may appear with the ™ symbol which signifies to those who view the mark with the ™ symbol that mark is being used as an unregistered or common law trademark. If a federal application is filed, the use of the ™ symbol is the appropriate symbol to use until the application has matured to registration. Once the federal registration issues the ® symbol should be used. A federal trademark registration is constructive notice to the world that the trademark is registered to the registrant. While use of the ® symbol is not required, it is best to use the symbol to enjoy the full benefits available to the owner of the federal registration.