What is the difference between using the ™ and ® symbols?
The ™ and ® symbols are both used to identify trademarks, but they have different meanings. The ™ symbol is used to indicate that a particular phrase, logo, or design is a trademark. The ® symbol is used to indicate that a particular trademark is registered with the United States Patent and Trademark Office. In Virginia, only a trademark that is registered with the USPTO can use the ® symbol. The ™ symbol can be used by any trademark owner in Virginia, regardless of whether the trademark is registered. It is important to note that registering a trademark with the USPTO provides certain legal benefits. If a trademark is registered, its owner is entitled to sue for infringement in a federal court. Additionally, the owner can bar others from using the registered trademark. Thus, having a trademark registered with the USPTO can provide greater protection than simply using the ™ symbol. In sum, the ™ symbol is used to indicate to the public that a particular phrase, logo, or design is a trademark, while the ® symbol is used to indicate that the trademark is registered with the USPTO. Virginia businesses should consider registering their trademarks with the USPTO to maximize their legal protection.
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