Thank you for your email of 28 November.
Neither the Community Trade Mark Regulation nor any other Community legislation contains provisions on the marking of goods and their designs.
Article 5 D of the Paris Convention states that a mention of the trade mark shall not be required as a condition of recognition of protection:
http://www.wipo.int/clea/docs/en/wo/wo020en.html
Frequently, the sign ® is used to indicate that the mark is registered. The OHIM is not responsible for the use of this symbol. Those who wish to use this symbol should themselves ensure that it corresponds to the reality.
As for the use of the symbol TM, it is commonly used in the USA for non-registered trade marks.
If you have any further queries, please do not hesitate to contact me or my colleagues from Information Centre.