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by crazypython 1114 days ago
"™" has no legal meaning. "(R)" means a registered trademark.
1 comments

That is not true. (TM) has a legal meaning. It's weaker than an (R), but it is still an enforceable trademark.

It's similar to creating a work covered by copyright vs. registering it with the copyright office.

Affixing (TM) does not make something an enforceable trademark. Trademark rights are established by use of the mark in commerce. A (TM) is used to put others on notice that a word or design is being used as a trademark, which could potentially be evidence of the intent of an alleged infringer in a subsequent lawsuit. Intent is relevant because it affects damages and other remedies.