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I'm making an app for Apple app store and the perfect name for my app is already "used" even though it's not on the app store (this is a thing with app store - when you create an app with a certain name, it cannot be used again, even if the app is not published or deleted). What I'm thinking to use now is the same name but with ™ appended at the end. Could there be any legal problems apart from somebody else trademarking the name?

I've seen some people say it is legal to do so but I want a second opinion.

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    Other than fraudulently using the ™ symbol? – BlueDogRanch Jun 19 '20 at 18:37
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    That's the question, is it fraudulent? – Antoni Silvestrovič Jun 19 '20 at 18:41
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    Why not just register the trademark? – Ron Beyer Jun 19 '20 at 19:09
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    @BlueDogRanch that does not answer my question – Antoni Silvestrovič Jun 21 '20 at 19:45
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    @BlueDogRanch what's fraudulent about appending the symbol without having registered the trademark? The symbol does not purport that the trademark is registered. That's what the ® symbol is for. – phoog Jun 22 '20 at 19:05
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First, "I've seen some people say it is legal to do so but I want a second opinion." This is not a legal opinion. This is only in response to the question "Can you use (TM) on a product that is not Trademarked"?

Second, you did not specify a jurisdiction. Since you mentioned Apple, I will assume USA.

tl/dr: Yes, you can used the TM mark and no, it is not fraudulent.

In the USA, there are three "trademark" symbols, (R), (TM), and (SM).

(R) - (Registered) The federal registration symbol. This may be used only once the mark is actually registered in the USPTO. It my not be used while the application is pending.

(TM) - (Trademark) / (SM) - (Service Mark) - According to the United States Patent and Trademark Office:

If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim of a "common-law" mark. No registration is necessary to use a "TM" or "SM" symbol and you may continue to use these symbols even if the USPTO refuses to register your mark. Those symbols put people on notice that you claim rights in the mark, although common law doesn't give you all the rights and benefits of federal registration.

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  • Nice thanks! That answered everything:) Stack overflow will allow me to assign the bounty in 3 hours, gonna do it then ;) – Antoni Silvestrovič Jun 22 '20 at 15:16

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