text: Trademark Practitioners | Trademarks | Registered Patent Practitioners | MRF
  It is a word, phrase, symbol or design, or a combination thereof which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.
  What is the difference between TM, ® and SM?
  Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation with the mark to alert the public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The registration symbol ®, may only be used when the mark is registered in the Trade Marks Office. It is improper to use this symbol at any point before registration.
  Trademark rights arise from either
  actual use of the mark, (common law rights) and/or
  the filing of the application to register a mark in the Trade Marks Office
  The application is assigned a serial number and filing date if it meets certain minimum requirements. Due to the current situation at the Trade Marks Office, an applicant can only expect examination of the application approximately two to three years after filing.
  Trademark protection is territorial in nature, i.e. it is limited to the country in which the trademark is used or registered.