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Does a trademark need to be registered before using the trademark symbol TM?
No, it is always optional.
Trademark registration No. However, a trademark registration has several advantages including notice to the public of the registrant's claim of ownership of the… mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
See answer for similar question, "What is the difference between TM and R in the circle?"
PLACEMENT OF REGISTERED TRADEMARK SYMBOL The federal trademark symbol, the encircled R (®), needs to be "displayed with the mark" (15 U.S.C. § 1111- see below). Customarily,… the same is true also when using the superscripted TM (™) or SM (sm) for marks that are unregistered. No strict placement rule exists. There are only general guidelines and customary placement rules. Typically the symbol is placed at a minimum in the first and/or most prominent usage of the mark in collateral. However, the symbol may be used every time whenever using a trademark. In logos the registration symbol(®) is typically placed in upper-right hand corner. Oftentimes you will see it in the bottom right hand corner. In text, the mark should appear directly after the portion of the text that has been registered. The actual trademark statute has been copied and pasted below for reader's convenience. TITLE III - NOTICE OF REGISTRATION § 29 (15 U.S.C. § 1111). Notice of registration; display with mark; recovery of profits and damages in infringement suit Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words "Registered in U.S. Patent and Trademark Office" or "Reg. U.S. Pat. & Tm. Off." or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration. (Amended Oct. 9, 1962, 76 Stat. 773; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 1343.) *Note: The amendment of the wording of this term by Public Law 93-596 became effective on January 2, 1975. However, the amendment provides that any registrant may continue to give notice of his registration in accordance with § 29 of the Trademark Act of 1946, as amended Oct. 9, 1962, as an alternative to notice in accordance with § 29 of the Trademark Act as amended by Public Law 93-596, regardless of whether his mark was registered before or after January 2, 1975.
The law doesn't specify.
The trademark symbol is part of a name and as such must not be separated from the name. Therefore, a comma would follow the symbol.
You can use the trademark ™ symbol on any unique name or logo you created and use. It does not require special registration yet still signifies your ownership. The Reg…istered symbol ® is similar to the trademark symbol but it requires registration with the U.S. Patent and Trademark Office (USPTO or PTO). The copyright symbol © is similar to the trademark symbol and does not require registration (though it is recommended), however it is for use on intellectual property as opposed to brand names.
Yes; it is registered to Goodluck Worldwide.
Answer 1: A "registered" trademark symbol is the capital letter "R" with a circle around it. And it's always in superscript, to the immediate right of the word or phrase that …has been trademarked. Example: Coca-Cola® However, the fact that there's a "registered" trademark, as opposed to just a plain ol' trademark, suggests that there are other kinds of trademarks. And that's a correct assumption... there are. An unregistered trademark is the capital letters "TM" to the immediate right of the trademarked word or phrase, also superscripted. Example: Coca-Cola™ There's also such a thing as a "service mark," which is the capital letters "SM" where the "TM" is seen in the immediately-above example. None of this is to be confused with a copyright notice, which is the capital letter "C" with a circle around it, but not usually superscripted; and usually follows the word "Copyright" and appears before the year in which the copyright is claimed. Example: Copyright © 2012 by John Doe The questioner didn't ask what trademarks are, though, and so I'll not go into that here. Answer 2: If the question is how do you make your computer PRINT a circle-R, that would depend on the computer and what software you're running. However, one standard keying system allows you to hold the ALT key and type on the numeric pad to create special symbols. The Circle-R would be Alt-0174, or on a laptop perhaps FN-0174. Most PCs also have a character map from which you can cut and paste any available symbol. Answer 3: On the Mac, simply hold down the "Option" key and type the letter "r." The Mac operating system uses hot keys for many common typographical symbols: Option r: ® Option g: © Option 2: ™
A non-registered trademark is called 'common law trademark' in Canada and is typically implemented in order to show the intent to trademark. Unfortunately, common law trademar…ks are difficult to defend legally as no registration has been conducted, though they can be very important in the process of appealing an application for a trademark. It is possible for one to appeal a trademark process by arguing that they have been utilizing the name for a longer period of time and be successful. It is, however, true that the only way to protect a mark is to register it as a trademark. The ™ and ® marks have no legal significance or meaning in Canada. Thus there are no repercussions to using these marks. Surprisingly neither the ™ nor the ® mark appears in official Canadian Trademark Law. Unofficial meaning of the ™ mark has come to mean unregistered trademarks or in-process trademarks while the ® has come to mean registered trademark.
Not necessarily, but if you fail to notify someone that the logo is registered, you can't bring suit against them for trademark violation. >>>> Actually, you can recover da…mages if you prove they had actual notice of the trademark registration, or you simply sue them under the laws protecting an unregistered trademark in state or federal courts.
No; if it's registered, use the R, and if it's not, use the TM.
Once the availability of the proposed trademark has been certified, applications and related artwork are filed with the U.S. Patent Office.
If you control the trademark, yes.
An organization or individual wishing to use a slogan, logo, or business name (a "mark") in commerce may wish to register it.
It's not required to use the trademark or registered trademark symbols, and some designers feel it clutters the look of the packaging.