[samwillis]

There wouldn't be, its a (TM) not an (R).

A (TM) is for an unregistered trademark, you own the IP of it though your use of it in the marketplace. This is what they have, and in fact anyone could have. In reality the (TM) is there to indicate you intention to protect it.

An (R) is for the registered trademark, as the name suggests you register it with your local trademark authority. It provides grater protection and is easer to take people to court over the misuse of.

[cdmckay]

(TM) also means that you've submitted a trade-mark application.

[jimbobimbo]

Not necessarily: "In the United States, neither federal nor state registration is required to obtain rights in a trademark. An unregistered mark may still receive common law trademark rights. Those rights, for example, may extend to its area of influence—usually delineated by geography. As such, multiple parties may simultaneously use a mark throughout the country or even state. An unregistered mark may also be protected under the federal "Lanham Act" (15 USC § 1125) prohibition against commercial misrepresentation of source or origins of goods. Unregistered marks are also protectable in the United States under Lanham Act §43(a)."

http://en.wikipedia.org/wiki/Unregistered_trade_mark