How does TM help me

An ® signifies that the trademark is federally registered with the United States Patent and Trademark Office which generally requires filing an application with a fee and establishing that the applicant is the true owner of the mark and is entitled to exclusive use of the mark in connection with the particular goods and/or services. Once you receive federal registration of the mark, then you can use the ® with your trademark.

A "TM" usually means that the mark is not federally registered but that the user is claiming common law ownership rights to the mark based on use. While putting a "TM" next to your mark may warn potential infringers that you believe yourself to be the owner and that you are claiming certain rights in the mark, "TM" by itself does not necessarily mean that you have exclusive rights to that mark. If a dispute arose, you would still be required to prove your mark is indeed a trademark and that you are the true owner. An unregistered trademark does not receive the same presumptions and legal protection that a federally registered mark is given.

I recommend that you get advice about trade names and trade marks. Usually it is not a good idea to have the company name also be a trade mark or service mark, whether or not it is registered. Companies have lost trademark rights by common usage of the company names with product names. Having a state registered trade name provides improved enforcement rights and remedies, including the possibility of recovery of attorney fees and costs. Having a state registered trademark also provides possible recovery of attorney fees and costs and damages other than actual damages. A federally registered mark provides possible enhanced proprietary rights nationally even though the uses may not yet be in every state. In addition, a federal registration also provides for possible recovery of attorney fees and costs as well as exemplary damages and possible greater damages under related federal statutes such as the Lanham Act. It is unlawful to use the registration mark notice in the question without federal registration.

Trademark rights come from common law usage and not from registration. A federal registration puts others on notice that you are using your mark in interestate commerence. If you have a mark that has been in use extensively and have received no objection to its use, its a good idea to explore the benefits from federal registration. The old adage, "use it or lose it" very much applies in this area of the law. And if you are using it, letting the world know can be a good idea. Also, if you are actively engaged in e-commerce (ie, have a website and sell things online), you may be able prevent others from squating on your cyber trademark rights. I would highly recommend speaking to an experienced trademark attorney to examine your specific situation to see how a federal trademark registration can help you.

Rebecca is very correct in her answer, but there are additional guidelines, for example, a service mark is different from a trademark and the informal notice for service marks is a superscript "sm" as opposed to a TM.