Using Tm Without Registration

Yes, you can use the TM symbol for an unregistered trademark to indicate that you claim a common law right to it. However, the ® symbol is reserved for trademarks that are registered with the USPTO.
Do you have any other questions related to trademarks or any other legal concerns?

In common law, the use of the TM symbol is validated by the principle of "first use in commerce," which grants rights to the first entity to use a mark in commerce. Some key cases include:
- Zazu Designs v. L'Oreal (*): Emphasized the importance of actual use in commerce over mere intent to use.
- Two Pesos, Inc. v. Taco Cabana, Inc. (*): Recognized trade dress protection under common law based on usage.
Would you like more details on these cases or have any other questions?

Sure, here are a couple more examples of cases that validate the use of the TM symbol under common law:
- Blue Bell, Inc. v. Farah Manufacturing Co. (*): Highlighted the importance of continuous use in commerce.
- United Drug Co. v. Theodore Rectanus Co. (*): Established the significance of geographic areas in determining trademark rights.
Do you have any other questions or need information on something else?

Hi ****! While I can't provide examples from the summer of * specifically, here are some recent cases that highlight the importance of trademark usage:
- Romag Fasteners, Inc. v. Fossil, Inc. (*): Focused on the requirement of willfulness for recovering profits in trademark infringement cases.
- Booking.com B.V. v. United States Patent and Trademark Office (*): Held that a generic term combined with ".com" can be trademarked if it has acquired distinctiveness.
Would you like more information on these cases or have any other questions?