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Does a trademark need to be registered before using the trademark symbol TM?
Trademark QuestionIt has been said that, "If you have a registered mark, you should always include the circle R next to it, wherever it appears. The easiest way to do it is ma…ke the symbol part of your graphics, so it's always there regardless. If you fail to include the symbol and someone decides to copy your logo, they can always claim that you failed to identify the logo as a registered trademark, therefore releasing them of any infringement liability. If someone feels the mark is valuable, this could also be used as an argument to challenge the validity of the mark. The uspto wants registered marks identified, which is also why we pay all those attorney fees anyway, right?...lol" This is not completely accurate. You are never REQUIRED to use circle-R ?. Trademark symbol ? usageNo, you do not need to put circle-R on your registered brand at all; it is completely optional. However, you have earned it, so why not take advantage of it? (Until you have a registration you may use TM or sm instead, again, only if you want to.) Use it once on a prominent brand placement and everyone will get the message: it's registered. The USPTO does not care whether you ever use the symbol, as long as you do not misuse it (i.e., on unregistered goods or services). Failure to use the symbol on your brand could not be used to excuse infringement; either the brand is registered or it's not, valid or it's not, and the symbol does not change any of that. The registration itself (federal or state) serves as sufficient notice of your claim to the proprietary mark (whether it's a logo, slogan, color, etc), even if you never put a circle-R or TM next to it. The circle-R symbol serves as a reminder to the envious that you have achieved a federal registration. As for a "challenge to the validity of your mark," that could happen to any mark, ? circle-R symbol or not, even before you file for a registration, but only for a limited time after a registration is issued. Trademark symbol ? usage (added 2/12/2008)From McCarthy on TrademarksB. Giving "actual notice" to the prospective defendant.Failure to use the statutory symbol does not create a defense: it is merely a limitation on remedies.[FN3] If notice of registration is not used, statutory damages are limited to those arising after the defendant received actual notification of the charge of infringement. "The only consequence of a holder failing to give such notice is that damages might start running later than if the notice had been given."[FN4] But failure to use the statutory notice has "no relevance whatsoever" to recovery of damages for violation of Lanham Act § 43(a).[FN5][FN3] United States v. Sung, 51 F.3d 92, 34 U.S.P.Q.2d 1407, 1409 (7th Cir. 1995).[FN4] Bambu Sales, Inc. v. Sultana Crackers, Inc., 683 F. Supp. 899, 7 U.S.P.Q.2d 1177 (E.D.N.Y. 1988).[FN5] Id. Accord Polo Fashions, Inc. v. J & W Enterprises, 786 F.2d 1156, 229 U.S.P.Q. 69, 71 (4th Cir. 1986) (unpublished decision) (failure to give statutory notice does not bar recovery of damages under Lanham Act § 43(a)).
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: ™
Ethernet was a trademark of Xerox Corp., which relinquished the trademark when it was standardized by IEEE as IEEE 802.3. As it is no longer a trademark, Ethernet no longe…r needs to be capitalized, though it is still common to do so. The term has also come into wider use as new standards have emerged, as in "wireless Ethernet."
Assuming you are referring to the social networking website, the name "twitter" is a legally registered trademark so it should be used with the ® symbol.
The trademark symbol is part of the name and should not be separated from it; the period would come after it.
After. Chicago Manual of Style, 16th Edition. 8.152 - Trademarks ...Although the symbols...(for registered and unregistered trademarks, respectively) often accompany trademark… names on product packaging and in promotional material, there is no legal requirement to use these symbols, and they should be omitted wherever possible. (If one of these symbols must be used at the end of a product name, it should appear before any period, comma, or other mark of punctuation.) ...
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.
Federally (USA): There is a filing fee for each class of goods and services to be registered for a given mark. Currently under $300. See uspto.gov for latest fees. Also may …be wise to pay a few hundred dollars for professional help with clearance and filing out the application and filing it with all the right parts and forms. Hire an attorney and get it done right the first time, if the brand is at all valuable to you. State registration: varies. Some are flat fee of $50, some are $50 per class. European and individual countries: vary. Madrid protocol: ask your attorney However, if the trademark is only going to be used within the state - it requires no registration. If you create a sign with your name or logo on it for your local store, it is protected under the Common Law.
Answer Each country has slightly different rules. Generally you need to file an application form with several attachments, and a fee. … In the USA, for federal registration you need to be the owner of the mark, already used it in interstate commerce (or have a bona fide intent to use it before it becomes registered), have a general description of all the goods or services to which the mark applies, submit a drawing (or other sample and description) of the mark, and submit an example of the mark in actual use (i.e., on packaging for goods or advertising for services using the mark). Of course, you will also need to submit the necessary fees for the basic filing and for each additional class of goods or services. Some types of applications can be filed online at the U.S. Patent and Trademark Office website (uspto.gov). After you file, there could be a long wait before your file is examined and rejected for one or more reasons, for which you must submit corrections, documentation or other amendments to keep the application alive. This can drag on for years, with appeals and so forth. Once the application is "accepted", it will be published for opposition, to see if anyone else already claims the right to use that brand. An opposition is handled much like a lawsuit, with motions, briefs, evidence, etc. This continues until the file is either abandoned (many are), divided, or a registration issued for one or more classes of goods and services. The filing process is not always as easy as it sounds, and there are several ways to trip yourself if things are done wrong on the first application. :Note that there is no obligation to do your own search of the trademark databases prior to filing for registration, but it would be foolish to waste time and money on a brand that is similar to one already in use or registered by someone else in a related field. You might do your own preliminary search, but there are professional services that will search "the entire world" for similar brands. If you intend to protect your brand in multiple countries, it is highly likely you will need to hire attorneys to help you, as the expense and complexity increases dramatically. You may also register a trademark at the state level (in the USA), which could be a lot simpler and yet give you an official registration that would protect your brand in any state where you register.
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.
A registered trademark is one in which the owner has filed registration papers (and fees, samples, declarations, etc) with a state or federal agency, stating who owns the bran…d, what the brand is used for, and when it was first used for that. This permits others with ideas for similar brands or products to quickly find out who is already using what. If a trademark has a federal registration then you may see the optional circle-R mark on it "�". If it is a state registration, you will not see that �, but may see TM or sm (service mark) on the product or advertising. A trademark owner who has not registered it may have a valid right to prevent others from using the trademark, but will have a more difficult time of proving ownership and that the others are violating his exclusive rights. A trademark or trade mark is a distinctive sign of some kind which is used by a business to uniquely identify its products and services to consumers, and to distinguish its products or services from those of other businesses. A trademark is a type of industrial property which is distinct from other forms of intellectual property. You may not copy a trademark onto your own similar products, whether or not the trademark is registered. Conventionally, a trademark comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, including distinctive colors and sounds. A similar notion of "trade dress" may apply to an entire operation, such as a golf-course layout, or the style of a restaurant chain. The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, particularly the well known characteristics of celebrities. Such trademarks can be a style of haircut (Elvis Presley's distinctive ducktail), articles of clothing or accessories (Liberace's flamboyant costumes and jewelry or Elton John's oversize sunglasses), facial hair (Groucho Marx's mustache), or even breast size (Dolly Parton and Pamela Anderson).
The law doesn't specify.
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.
It is a "mark" or combination of letters, numbers, symbols or "slogan" that identifies a company or it's goods and services as being different from it's competitors.
There are a number of registered trademarks of the word Concorde. Of the 22 in the WIPO database, the oldest is the 1963 registration from Airbus, and the newest is from a Ger…man bus company. Of the 24 in the US Patent and Trademark Office database, the oldest is a 1966 registration from a model plane manufacturer, and the newest is a maker of guitar cases.
It depends on the message you're trying to send. "this company is evil and/or a figure of fun" may be defensible as commentary, but you'd need to be willing to defend it in c…ourt."this logo is cool" would require permission, and you never know how that's going to go."this company supports this art" would be considered fraudulent.