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By
using a name, any name, for your company, product or services, you
implicitly earn some common law rights in that name, even if you
don't make any claims. If this company or product, is actually a
service, you can use the SM symbol rather than the TM symbol, simply
to emphasize that you are offering a service.
In
particular, you use the SM designation when you can only illustrate
the mark with literature or stationery or signage about the service.
There is no specific product that you can attach the mark to. All
rights are exactly the same as TM. In fact, you can use TM for services
too if you prefer, especially if you are not sure if one day you
might have products in that mark family.
NOTE:
If you make such claims without doing a due diligent search on other
companies or services in a similar field to you, then you might
be unwittingly infringing on someone else's servicemark. If they
were there first, and in particular if they have a registered trademark
or have made SM claims, then they might be sending you a "cease
and desist" letter.
The
best protection of all, and the one that you should be aspiring
too for all the major marks in your company, is known as a Registered
Trademark.
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and TM ®esources
Disclaimer:
Brighter Naming is not licensed to provide legal advice. The information
here is provided as an overview service only.
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