Providing Notice of your Trademark
Notice of your trademark is crucial and while not mandatory or required, it is necessary to publicly advise that you are claiming a trademark and provide evidence of your rights to the mark in a case of infringement.
A symbol is used to identify and claim your trademark. The type of symbol used depends on whether your mark is registered or not.
If your mark has been properly registered, a federal statutory trademark registration notice consists of a symbol Ⓡ, or a short caption noting registration has been completed (“Registered U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.”)
A mark that has not been registered is still able to claim common law trademark rights. Notice should be attached to marks, a trademark, “TM” for goods and a service mark, “SM” to identify the source of services.
Please visit our website at www.chungkimlaw.com for additional information or with questions.