Legal Question in Intellectual Property in New York

Trademark Pending Symbol

Is there a symbol that can be attached to a trademark (i.e. logo) to alert people that trademark registration is pending? If so, what does it look like and when can one start using it?


Asked on 8/17/06, 7:20 pm

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Trademark Pending Symbol

If you mean a symbol attached to goods or services, yes. For a trademark, the symbol is a superscript tm immediately following the mark. For a service mark, the symbol is a superscript sm immediately following the mark. In order to use these marks, the goods or services need to be in interstate commerce. You can also add a phrase: [Logo/name] is a trademark [service mark]of [name of owner]. You should register the mark, however, as soon as you can.

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Answered on 8/17/06, 7:31 pm


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