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Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.
PLEASE NOTE: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified trademark lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local trademark attorney to discuss your specific legal situation.