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- I get asked all the time, What symbol should I be using with my trademark? And it can be a complicated question, but I wanna try to give you some simple guidelines here. First of all, if its registered, use the R with a circle. Use it as frequently as you can to show others that this is a protected, registered brand, and that actually enhances the protection for it by using it properly that way. If your trademark is not registered, you should be using a TM or an SM on the upper right-hand shoulder of the mark, and you dont even have to have an application pending to actually use TM or SM. Anybody can use TM or SM anytime with any name or logo or slogan that they claim rights in. TM should be used when what your offering to clients is a tangible, physical product, like bottled water or shoes or headphones or tires. If its something physical, if its a product, a good, then you use TM for trademark. SM stands for service mark, and thats what you use if youre in a service indust
