You can brand something and use the TM symbol without registering the mark. “R” after a brand name is registered or has to be to claim registration. You can also sue someone for infringing without a USPTO registration and WIN! Registering a mark doesn’t keep people from using your mark. You have to sue to protect your mark. The USPTO isn’t an enforcement arm, it’s a fee based database only. Before you spend a bunch of money on art, ads and inventory, it’s best to search Google and the USPTO for an existing or overlapping same or similar mark. Chances are you won’t get sued for infringement but it’s a costly risk if a deep pocket company comes after you. Most marks are held by dreamers with no business sense or ability to sell anything under their protected mark. And some people just like to collect IP. ;-)
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