john_k - 3:58 am on Feb 16, 2006 (gmt 0)

One other point of clarification: There is a big difference between a "trademark" (designated with TM) and a "registered trademark" (designated with circled R).

The TM designation indicates that the trademark is not registered. It may or may not be the case that the company intends to register it. It is simply a way to stake a claim. If they use the mark in connection with trade of a product or service (use SM for a service), and the mark is unique (in the industry?), then they have the right to claim it as a trademark.

The circled R designation indicates all of the above, but it also indicates that you have completed the steps (and paid the money) to register the mark. One or more governments have recognized that the mark belongs to you.

The level of protection (and therefore leverage) for a TM is considerably less than for a registered trademark.

Visit the USPTO website and/or talk with a good IP attorney. The USPTO website has some pretty good descriptions concerning the distinction.