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[PHInventor]

I am selling products interstate using early-production models of a plastic product. Currently, the name with (TM) appears on the actual product itself, as well as on the packaging surrounding the product.  I have already registered my trademark and been approved; I was just holding off use in commerce until recently.

More advanced production models are being prepared.  It is unclear whether I will obtain the right to use the (R) designation by the time the advanced production models are ready to be sold.

1.  As long as I have (TM) (or, later, (R)) on the outside packaging, is there any downside to producing a product that is imprinted with the "naked" product name, without either a (TM) or (R)?

2.  Let's say I imprint a (TM) directly onto the advanced production models.  Those models keep getting sold for a number of years, even after I have been granted the right to use (R).  Is there any downside to having (TM) appear on the plastic product even after I have been granted the right to use (R)?  For example, wouldn't it look odd to have (R) on the packaging and (TM) on the product? 

Many thanks.

[MYK]

You registered a mark at the state level, and now you're pursuing federal registration?  Or are you in another country where trademark rights flow from registration?

You could always leave off the TM symbol from the mold (I'm assuming you're injection-molding the part), and burn a (R) into the mold when your federal registration comes through.  Take someone with an EDM about twenty minutes.

[PHInventor]

Take someone with an EDM about twenty minutes.

What about if the (R) needs to be added to the mold rather than burned into it?  In other words, what if the logo is embossed into the plastic product rather than raised up from its surface? 

[Zonath]

If your trademark is imprinted upon your product and your have a federal trademark registration, you would probably have the greatest level of protection by using an ® symbol, rather than a 'TM'.  See 15 USC § 1111:

Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

So, in almost every case, using the ® in conjunction with the mark whenever possible is almost always advised. 

[Kaitlin]

So, in almost every case, using the ® in conjunction with the mark whenever possible is almost always advised. 

That being said, as between displaying a trademark with neither "TM" nor the (R) marking and displaying one with the "TM" after registration has already been granted, I would think that use of "TM" would be preferred.  It at least provides notice that a trademark is claimed, even if it doesn't provide notice of the federal registration.

[MYK]

Take someone with an EDM about twenty minutes.

What about if the (R) needs to be added to the mold rather than burned into it?  In other words, what if the logo is embossed into the plastic product rather than raised up from its surface?

"Don't do that."

I don't know.  Might be able to do something with an insert, might have to replace the mold.  Talk to your moldmaker to see if he can give you some ideas.