OWNING A TRADEMARK vs. HAVING A REGISTERED TRADEMARK: You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it. If you want stronger, nationwide rights, you’ll need to apply to register your trademark with USPTO.
You’re not required to register your trademark. However, a registered trademark provides broader rights and protections than an unregistered one. Also you are not required to use a trademark symbol every time you use a trademark.
USING THE TRADEMARK SYMBOLS TM, SM, and ®: Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.
Once you register your trademark with USPTO, use an ® with the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.
CAN ANOTHER COMPANY USE YOUR TRADEMARK?
Without permission, using a trademark can lead to infringement claims, which can have significant legal repercussions. To avoid such scenarios, it’s crucial to seek proper authorization before using someone else’s trademark.