TM is the abbreviation of the English word "Trademark." It is not provided for in China's Trademark Law or its implementing regulations and confers no statutory rights whatsoever. Placing the TM mark merely declares that the user treats the sign as a trademark, and it is commonly seen on trademarks that have been applied for but not yet approved.
The Practical Functions of TM
- Declaration of claim: signals to peers and consumers that "this sign is used by me as a trademark — please do not imitate it," with a certain psychological deterrent effect.
- Transition during the application period: after a trademark application is filed and before approval, the registration mark (®) may not be used, so many companies use the TM mark as a transition.
- Supporting evidence of use: packaging, invoices, and advertising materials bearing TM can serve in oppositions, invalidations, and non-use cancellation defenses as part of the evidence that "the sign was used as a trademark."
- Supporting a prior-use claim: Article 32 of the Trademark Law protects trademarks with prior use and a certain degree of influence; long-term use with the TM mark helps accumulate evidence of that "certain influence."
TM Confers No Protection
Using the TM mark grants no exclusive trademark right and cannot stop others from registering or using an identical or similar trademark. If someone else registers first, the TM user may even end up infringing in turn. TM is therefore only a transitional device — applying for registration as soon as possible is the fundamental solution.
Difference from the (®)
The registration mark (®) has a statutory meaning of registration, may only be used on registered trademarks, and misuse is punishable; the TM mark has no statutory meaning, may be used at will, but carries no exclusive effect whatsoever.
If you are unsure about any of the above, you can first obtain trademark monitoring at MyTMBee and act only after receiving an analysis opinion from a registered agency.