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[mikepro1]

There is a trademark I feel is conflicting of mine.  This mark's owner has recently applied for registration but it is still pending.  On their website though they state "______ is a registered trademark of _______ company."  Is this legal or is this the same as using the registration mark?

[CriterionD]

The main difference between the symbol and the statement is, The symbol by definition infers that a mark is federally registered.  The statement, regardless of any inferred meaning, simply says that the mark is registered.  And, if the mark is registered at the state level persay, even if not federally registered, the statement is still technically accurate.