A client recently asked me a question regarding the use of the TM symbol on products, and while it might sound like there's a simple answer, it isn't as simple as you might think. Here's what they asked:
“Just wondering whether it's beneficial for me to have TM on my packaging? I've noticed a lot of big brands don't have TM but are in actual fact trademarked.”
All traders have a right to use the ™ symbol alongside the brand they apply to register or use in connection with the product they offer to the public from the first day that product hits the market (assuming that they are not aware that use of the brand will impinge on the rights of others). I use the term product in this answer however the same rules apply to services but the way the brand is used for services is a topic for another article.
