A (TM) mark is an indication of a trademark claim, not an actual registered trademark which would be (R). Clearly, it's not a particularly defensible claim as t

A (TM) mark is an indication of a trademark claim, not an actual registered trademark which would be (R). Clearly, it's not a particularly defensible claim as there's identifiable prior usage. You don't even need to register a trademark to have common law rights. In the US at least.