 HOW TO CLAIM A TRADEMARK
No one ever owns a mark. However, a seller of goods or services, who is using a mark to identify those goods and services, may obtain the exclusive right to use the mark. If the mark is ever abandoned, so is the exclusive right to use the mark.
The right to use both types of marks (trademarks and service marks) is created and exists as the result of using the mark on goods or services, not by registering the mark. It is not necessary to do anything other than actually use the mark in order claim exclusive rights and to have a valid common law trademark. This is one of the least understood trademark principles.
If a word or symbol is claimed as a mark, simply show the world that it is claimed as a trademark by placing a small "tm" (trademark) or "sm"(service mark) next to the mark. This is not required, but it does help show others that the mark is claimed as an exclusive mark by someone. The symbols are usually placed to the upper right of the mark, but that is a convention, not a requirement.
No registration is necessary to place "tm" or "sm" on your product in your ads. Registration does provide many benefits and makes proof of a valid mark easier, but it is not a requirement.
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