Can I put a TM or Registered sign next to my logo if I don't intend to register it legally?

Question

Im starting out on a small business(home business) and I've already designed my company's logo. My question is, am I allowed to put a TM(trademark) or R(Registered) sign next to my logo if I don't intend to register it legally with my country's officials?

Answer 1

Lee's answer is incorrect.

First, it is important to understand that trademark rights are established through use in commerce, and NOT through any state or federal registration process.  Registration has absolutely nothing to do with obtaining trademark rights.  Registration simply provides additional rights for trademarks that have already been established.

The TM symbol simply designates a claim to ownership of a trademark.  You are free to use the TM symbol prior to registration.  The circle R symbol, however, is reserved for federally registered trademarks.  You cannot use the circle R symbol unless you have a federally registered trademark.

http://www.mateoaboy.com/f6/blog_files/8...

Answer 2

NO. The TM  or the (R) means you have actually had these logo's trademarked or registered. Using them, when they are not may leave you open to legal issues from the US Patent and Trademark Office or your country's equivalent to it.