Indeed, if the applicant were to apply for a trademark with the USPTO and begin using the Circle R symbol before obtaining a registration number, the applicant would be in violation of federal law and will likely have his trademark application rejected.
® : The Circle R symbol is perhaps the most well known and certainly the most coveted and can only be used upon receiving an official trademark registration from the USPTO. Critically, use of the SM does not by any stretch of the imagination confer trademark rights and cannot guarantee that the mark will be protected under trademark law.
In most other countries, the TM covers both goods and services, rendering the SM symbol rather redundant. The SM symbol is rather idiosyncratic to the United States, which favors distinguishing SM from a TM. Similar to the TM symbol, an individual need not actually have a registered trademark with the USPTO in order to put the SM symbol adjacent to the mark and yet the SM still carries the very important symbolic meaning of, Use-in Commerce, with the designated service. SM: The SM stands for Service Mark and may be used when the prospective mark is tethered to a service (accounting, bookkeeping, legal services, personal training services etc.), rather than a good (clothing). Critically, use of the TM does not by any stretch of the imagination confer trademark rights and cannot guarantee that the mark will be protected under trademark law. Indeed, the TM makes absolutely no claim to the registration status of the mark with the USPTO but still serves the important purpose of notifying competitors that the mark is at least used in consideration with the desired goods. An individual need not actually have a registered trademark with the USPTO in order to put the TM symbol adjacent to the mark itself. TM: The TM stands for Trademark and may be used when the prospective mark is tethered to a good (books, clothing, rugs etc.).
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