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Does the trademark marked TM mean that the trademark is not protected by law?

TM: refers to a registered trademark, informing consumers and peers that the trademark is being registered and is not an infringement. Circle R: It is worth it because it has been successfully registered, has obtained the exclusive rights to the trademark, and enjoys legal protection.

However, the question comes again. We also found that many registered trademarks also like to use TM for marking, which conflicts with the above answer. At the same time, many customers will ask our consultants: When can I put the TM logo on my products? Does TM all mean that the trademark is under application, or does it mean something else?

First of all, we all know that TM is the abbreviation of Trademark in English, which means mark. However, laws such as the Trademark Law do not stipulate how the TM mark should be used. The use of the "TM" mark has no correspondence with whether the trademark has applied for registration or whether it has received an acceptance notice. In other words, the presence of the TM mark does not mean that the trademark is under application.

There are only the following provisions in the Trademark Law regarding mark descriptions, among which we have not found TM:

Article 9, Paragraph 2 of the "Trademark Law" stipulates: The trademark registrant The right to indicate "registered trademark" or registered mark.

Article 6 of the "Trademark Law" stipulates: Goods that are required to use registered trademarks under laws and administrative regulations must apply for trademark registration. If the registration is not approved, they may not be sold in the market.

Article 63 of the "Regulations for the Implementation of the Trademark Law" stipulates: When using a registered trademark, a "registered trademark" or registered mark may be indicated on goods, product packaging, instructions or other attachments.

Registration marks include circles and ?. When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark.

So TM is just a mark voluntarily used by the trademark owner. It does not mean that the mark marked with TM must be a trademark or a trademark under application.

The significance of using TM is: this text or graphic is my trademark. This is emotionally subjective and wishful thinking.

And TM can also be marked on raw materials, description terms, and advertising terms.

So, to answer the question in the title: If a product is marked with TM, does it have to be in trademark review status before it can be marked?

So since the TM mark is not necessarily a trademark, does it still make sense to mark it with TM?

The editor believes that this still exists, otherwise why are there so many companies marking TM? Because in legal relationships, one thing is very important, and that is the true intention of the right holder, expressing that this is my trademark. Claiming sovereignty is always important.

So the TM mark can also be marked on the trademark without checking. The law does not stipulate any negative consequences of using the TM mark, and there are actual potential benefits. Why not do it? Of course it is the best. The way to protect a trademark is of course to register the trademark early and then put a trademark on it to declare your ownership and exclusive rights.