1) Hey HN peeps - I'm disappointed in the number of people that are either not addressing the actual question, or are simply offering speculation. I'm not angry, just disappointed.
2) On the USTPO.gov site I found the following:
> What is the difference between TM and the R within the circle ®?
> Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
> The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.
> PLEASE NOTE: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.
And also:
> Do federal regulations govern the use of the designations "TM" or "SM" or the ® symbol?
> 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.
> You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending. And it may only be used on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Although there are no specific requirements on where the symbol should be placed relative to the mark, most businesses use the symbol in the upper right corner of the mark. Note: Because several foreign countries use "®" to indicate that a mark is registered in that country, use of the symbol by the holder of a foreign registration may be proper.
So, in the U.S., it appears there is no federal NEED to use these marks, aside from being able to say that any infringer can't claim ignorance of your claim, BUT that still leaves any state, county, local, or other nation usages unanswered.