Anyone who makes legitimate use of a trademark can claim rights to the mark. If you
do not own a federal trademark registration, you may use the “SM” (service mark)
or “TM” (trademark) designation to place the public on notice that you are claiming
rights in your trademark. You may not use the ® symbol, however, until after the United
States Patent and Trademark Office (PTO) actually registers a trademark – not
before you file, or while your application is still pending. You may also use the ® only
in connection with the goods or services actually covered by a trademark registration.
So how do you get a trademark registration? Once a subject mark has been cleared for
use, either you or your trademark attorney need to file a trademark application
with the PTO. The PTO reviews trademark applications for federal registration
and determines whether an application qualifies for registration on the Principal or
Supplemental Registers. Although the PTO does not require that applicants hire a
trademark lawyer, the PTO holds all applicants to the same standard of compliance with
the PTO’s rules and requirements. Certain mistakes cannot be undone, even if you later
hire a trademark lawyer to assist you in responding to an Office Action.
