service mark use

Hi,
We recently had a logo designed for our new service business. The artist offered to incorporate the "SM" in the logo, even though we haven't registered our logo yet (and may never). Is this illegal? I would think you have to actually register the logo before you can claim protection. Thanks in advance for your help.

Brian NY

The R in a circle means it is registered. You can't use that unless it is.

The SM is only a statement that you are asserting it is a service mark. Do it.

Sounds to me as if you have a smart designer.