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How do I transition from tm to R as far labeling on a product? For a product whose names is pending registration?
Anonymous2 views3 answers
If you have filed for trademark, I still use TM until finalized.
Once finalized, I use the R?
Am I required to use TM to give notice?
Once finalized am I required to use the R?
Does it matter whether I use any marking to give notice? Is it any less protect-able?
If I use no tm, but then when my mark is fully registered, at the point and time, is it ok to start finally using it. But in the beginning, putting no tm mark?
You can but are not required to use the TM before registration.
You can but are not required to use the R after registration.
You want to give notice of intended or finalized registration but are not required to do so to have trademark rights. The reason you want to do so is you don't want to win a lawsuit for infringement; you would rather just avoid the infringement by others.
By using the marks you are telling the world "hands off - this is mine". You can win infringement suits without doing so, but it is harder, and damages recoverable can be less. Use them.
“TM” is your notice to the world that you claim that mark to belong to you and others should avoid using the same or confusingly similar marks. An “R” is used after registration has been completed. None of these are mandatory to use but are highly recommended for several reasons. First, as stated, it helps your trademark to take root in the market place. Second, It acts as a deterrent on would be infringers, finally, in the event you are in a lawsuit against an infringer, the TM allows you to recover more damages than you otherwise would be entitled to collect.
