> I think you're confusing Trademark and Copyright.
And I think you didn't read the OP's link:
"Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,"
Furthermore:
"When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending."
So no, the OP isn't confusing trademark and copyright. You do, however, have greater legal recourse if someone inappropriately uses your mark if it's not registered. Otherwise, you're SOL.
FWIW, johns wasn't responding to my comment, he was actually responding to a comment at the same level of mine that has now been deleted. The way the nesting dealt with it makes it a little confusing.
