Can you put TM next to your brand name before filing any trademark application?

Yes. TM (goods) or SM (services) needs no filing.

Start playing free

  1. No, only after filing an application
  2. No, only after the USPTO approves it
  3. Yes, TM or SM needs no filing ✔

Why: The USPTO says you can use TM for goods or SM for services even if you haven't filed an application. The symbol tells others you claim the mark. Registration is not required, but it gives broader rights.

Huh, didn't know that: TM is for goods and SM is for services; the word trademark often covers both.

The dad joke
I put TM on my dad jokes. Now they are trademark puns.
Like this card?
Play the game

References

Answer: Yes, TM or SM needs no filing. The USPTO says you can use TM for goods or SM for services even if you haven't filed an application. The symbol tells others you claim the mark. Registration is not required, but it gives broader rights.

  1. USPTO: What is a trademark? www.uspto.gov/trademarks/basics/what-trademark
    You can use "TM" for goods or "SM" for services even if you haven't filed an application to register your trademark.
    Checked 2026-10-11.

Think this answer is wrong? Tap "Challenge this answer" on the card in the game and tell us why.

Test yourself in the game