Trademark rights are obtained by using the mark in commerce. A trademark that is used without a federal registration may include the ™ indicator to denote that the user is claiming common law trademark rights. Similarly, the SM indicator can be used for a service mark that is not federally registered. Federally registered trademarks use the “®” symbol to denote that a federal registration has been obtained.
NOTE: Only Federally registered trademarks can use the “®” symbol.

Marks are generally acquired through adoption and use.

Adoption

You cannot adopt a particular trademark if the mark already has been appropriated by another. Consequently, when a new mark is proposed, and before it is adopted, consult the trademark registration attorneys at Cincy Patents so that we can perform a search to determine whether the mark is available for adoption and use. By utilizing this Trademark Search, our trademark registration attorneys can educate and inform you of the correct course of action for your trademark endeavors.

Use

In the United States, Great Britain, and other “common law” countries, rights in a mark generally are not recognized unless, and until, the mark has been used by its proprietor. Once a mark is used in the proper way, it is protected at common law. The trademark registration attorneys at Cincy Patents can assist you in registering your trademark with local and/or federal authorities.