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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