The trademark symbol
™ can be used by anyone to identify a word, words, or symbol used to identify
their business, product or services. There is no requirement to use the ™
symbol and their use has no legal significance, but it is wise to do so. When
you use the ™ you notify the public of your claim of branding rights in a
particular mark and in turn dissuade others from adopting the same or similar
mark for the same or similar products or services. This staves off unwitting
trademark infringement.
However, the registered trademark symbol ® may only be used by the owner of
a mark following registration with the relevant national authority, such as the
U.S. Patent and
Trademark Office (USPTO), and you can find the latest fee
information here: View Fee Schedule: Trademark Fee
Information.
Here are some reasons the USPTO gives for registering your trademark:
constructive notice to the public of the registrant's claim of ownership of
the mark;
a legal presumption of the registrant's ownership of the mark and the
registrant's exclusive right to use the mark nationwide on or in connection
with the goods and/or services listed in the registration;
the ability to bring an action concerning the mark in federal court;
the use of the U.S registration as a basis to obtain registration in
foreign countries; and
the ability to file the U.S. registration with the U.S. Customs Service to
prevent importation of infringing foreign goods.
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