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Use of Trademark Symbols

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Many people will recognize the symbol of the encircled but do not realize its significance. This symbol denotes that a trademark has been registered and should only be used if indeed a registration has issued. When one claims common law rights to a trademark or service mark, they can use the Ѣ or (sm) symbols, respectively. The Ѣ symbol also can be used if awaiting the issuance of federal registration from the United States Patent & Trademark Office.

It should be noted that merely placing a Ѣ or (sm) symbol in close proximity to the mark does not guarantee that the trademark is acceptable and entitled to protection by the United States Patent & Trademark Office. Another issue to keep in mind is that the United States Patent & Trademark Office frowns upon the use of any of these trademark symbols on the specimens themselves when the application is initially filed.

You would be wise to consult with a Florida trademark lawyer first, before undertaking any trademark matters.

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