Re: What does a superscripted "SM" mean?
This came up recently here, and I asked our intellectual property attorney about it. He said that it is adequate to use TM for both products and services. While SM can be used for services, it is not necessary to make the distinction
This is largely true, although trademark (or service mark) owners should make an effort to use the appropriate notice -- that is, "TM" for trademarks (to identify goods, or tangible products) and "SM" for service marks (to identify services, or intangible things). These designations are used when the trademark (or service mark) owner does not have a federal (U.S.) registration. If the owner does have such a registration, then the "circle-R" symbol (which I can't type in an e-mail but which looks similar to this -- (R)) may (and, preferably, should) be used. Interestingly, there's only one symbol -- the circle-R -- to designate federal trademarks AND service marks!
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Douglas M. Isenberg
Attorney @ Law
Editor & Publisher, GigaLaw.com
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