Business people that have gone through the expense and resource of getting a federally registered trademark, are excited to tell the world. How do they do it?
Before a trademark application is filed, the product being placed into the marketplace cannot bear the ®. Trademark law specifically requires that the mark be registered in the United States Patent and Trademark Office before using the ®. 15 U.S.C. §1111. But how can one with an entrepreneurial spirit wait for nearly 6 months before finding out if his or her mark is registered?
One way to satisfy that desire to scream from the top of a mountain is to use the marking "TM" while an application is pending. Though the TM or SM are not officially sanctioned for use by the Trademark Office, they say nothing with regard to federal registration. See e TMEP §906. Use them until the registration is approved, then use the ®.
The worst thing to do is use no mark at all. Even countries like China, Germany, Belgium, and Poland use the ®.