tootimestoo asks: 

 
I heard from a friend that you don’t need to register a trademark to use the TM symbol behind your brand/logo…is that true? 
 
Mr. BizPlan Answers:
 
What your friend said is true regarding the use of TM without registering the trademark.  Registered trademarks are noted by use of the symbol ® known as “Circle R”.  You can only use the symbol TM if you believe that you are the first person/company to use the trademark in commerce.  The burden on proof is on you to prove that you are the first if the trademark is challenged.

 
Trademarks are registered with the US Patent & Trademark Office ( www.uspto.gov ).  There you can register a trademark or service mark online, search trademarks already in use, and print off the paperwork if you wish to file offline. 

 
If you register the trademark the USPTO goes through a lengthy process (about 180 days or more) to “inspect” the trademark, allow time for others to challenge the use, and file the registration.  Once approved you can use the “Circle R” symbol and you have full undeniable rights to the mark.   

 
Certain symbols and words may not be trademarked including: 1) A person’s likeness without consent, 2) descriptive words, 3) generic words such as aspirin, digital, and escalator, 4) Government Emblems, 5) Marks that are immoral, scandalous, deceptive or may cause confusion, and 6) personal names.   

 
Good Luck
Mr BizPlan