This is another question that I get asked a lot. So let me help you by explaining the difference between (r)  and tm.   It basically comes down to whether or not your mark is federally registered or not. If your  Mark has been  approved by the United States patent and trademark office after you have filed an application, then you get to use the (r)  or circle R  on all your goods and services that have been approved by the USPTO.

However, not all marks the approved to be listed on the principal register of the trademark office. So what do you do then? Well, you can always use the common law TM symbol next to the mark that you’re claiming rights in. The use of TM next to a mark can, in some instances, provide you with a  basis for eventually getting your mark listed on the principal register. Suffice it to say that this process is fairly long, and involves a lot of knowledge about trademarks.

If you have any questions regarding trademarks, the (r) symbol,  or how to  properly use TM, please contact me for your free 30 min. consultation at nvantreeck@usip.com  or 1-800-UR IDEAS (1-855-874-3327) and ask for Norman.