united-states trademark
Trademark - USPTO requirement
<p>Just heard back from USTPO and they wanted examples of the mark in use in software screenshots, at the download store, etc -- which are no-brainers.  Question is, can you have the (R) in the mark, or do you have to wait until it's finally registered?  My gut feeling is the examiner would have a cow if they saw the (R) on the mark before it was registered.</p>
<p>For some reason, it seems futile to legally review a mark that doesn't contain the (R), and then let the registrant add their own (R) once it's approve.</p>

<h2>You cannot use the ® symbol on an <a href="https://www.uspto.gov/learning-and-resources/trademark-faqs#type-browse-faqs_1963" rel="nofollow noreferrer">unregistered</a> trademark</h2>
<p>Using it on an unregistered trademark is both a Federal offence and grounds for the trademark application to be rejected. Your trademark attorney should have told you this.</p>
<p>It's common (subject to state law) to use ™ (or ℠ for services) to indicate a common law trademark or an application in progress.</p>
