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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.

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.

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You cannot use the ® symbol on an unregistered trademark

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.

It's common (subject to state law) to use ™ (or ℠ for services) to indicate a common law trademark or an application in progress.

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