What is the legal requirment to use "TM" or "®"?

Question

Does the use of "TM", "SM" or the "®" symbol require a trademark registration? If not, what exactly is the meaning of these designations?

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Under federal trademark law, the "TM" and "SM" give notice that you have filed an application to register a trademark or service mark. (There is no effective difference between the two: a trademark is for goods, and a service mark is for services.)

The ® gives notice that you have actually obtained a registration on your mark. Don't use it until you get the registration.

Giving notice can be important if you ever run into infringement of your mark. If you have given proper notice with these symbols, you can get better damages in court.

More details here:
http://www.inta.org/TrademarkBasics/FactSheets/Pages/MarkingRequirementsFactSheet.aspx

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