1. It can be used, but it must be marked with TM because you have not really enjoyed the trademark rights at this time and cannot circle R; 2. TM" is common in foreign trademarks, which is the English "trade"
The abbreviation of "mark", "trade
mark" in Chinese means "commercial mark", so "TM" means "trademark", and its function is to tell people what it is. The marked graphics or text are the trademarks of the goods or services, not the names or advertisements, and "R" is the abbreviation of "register" in English. "register" means "registration" in Chinese. Goods or services are marked with this mark. It is to tell people that the graphics or words marked on it are not only trademarks, but also registered trademarks, which are protected by national laws and cannot be used by any other individual or organization without authorization. Now you know the difference between TM and R. "TM" is a trademark symbol, and "R" is a registered trademark symbol. The two have different levels of legal protection.
When the trademark has not become a registered trademark, the "TM" mark should be marked. What we do is to tell the public that this graphic or text is used as a "trademark" for goods or services, not a name or an advertisement. This way, we can prevent the graphic or text it marks from flowing into the public domain and cannot apply to become a registered trademark. Enjoy exclusive rights; at the same time, the "TM" mark can also be used as proof of using the graphic or text as a trademark. When applying for a registered trademark, you have the right to use it first.
When the trademark becomes a registered trademark, You can mark the registration mark "R" or "Note" in the upper right corner or lower right corner, or directly indicate it as a "registered trademark". Remember that the registration mark must be placed in the upper right corner or lower right corner of the trademark. This is the "People's Republic of China". *** and the Implementation Regulations of the Trademark Law of the People's Republic of China. Another point to note is that after applying for trademark registration and obtaining the "Notice of Acceptance" issued by the State Trademark Office, the period before the "Trademark Registration Certificate" is still not valid. The registration mark can be marked on the trademark, because the "Notice of Acceptance" issued by the National Trademark Office is only the beginning of the trademark registration process. This "Notice of Acceptance" only indicates that the Trademark Office has accepted the trademark registration application, but does not indicate whether the application has been approved. In fact, a considerable number of trademark registration applications have been accepted by the Trademark Office, but were rejected after review, and ultimately failed to be registered. Therefore, it is recommended to mark "TM" instead of "R" during this period, otherwise. If it constitutes an illegal act of counterfeiting a registered trademark, a fine of less than 20% of the illegal business revenue or less than 2 times of the illegal profit will be imposed.