What would you like to do?
No. In the U.S. you get "common-law" rights in a trademark the moment it is first used in commerce in association with your goods or services, but only in the market where you… have used it. This means you can use state or federal law to stop infringers. However, a state or federal registration is a valuable tool that can greatly expand your rights and make your trademark easier to enforce. When you see (tm) or (sm) it means the trademark is not registered, ® (circle-R) means it is.
If you know you're not the first to use it, you can't register it: you have to declare on the application that you know you're the exclusive users of the term for that purpose…. If the first person to use it doesn't register it, he may also have a common law right to the mark, if he's been using it in commerce.
If I own a trademark and YOU use it, then our relationship is contractual and the terms will dictate when it may be terminated, if ever. Also, if I own a trademark the…n you have no right to register it unless you can prove you have an exclusive license from me to use it. However, if I licensed you to use MY trademark without reserving any rights to monitor the quality, then I may have forfeited any right to the trademark.
Forever. You can't keep it registered unless you continue using it, and pay periodic fees (e.g., 6th year, then every 10 years) but as long as that brand is in use with …the same goods or services, it's yours to keep, regardless of whether it's registered.
A trademark is a mark used in trade, like a business name, logo, or slogan. Although established trademarks are protected without registration, a registered trademark has been… submitted to the country's trademark office for addition to the registry.
If you own the registration in one class you must file an application to use the registration mark on the symbol when applied to goods or services in another class. If you d…o NOT own the registration, the question is whether your use of the registered trademark owned by others would create a likelihood of confusion within your respective markets, with respect to the source or quality of the goods or services. In other words, just using it in another class is NOT sufficient analysis to avoid infringement. For example, a computer program logo registered in class 009 may be related to manufacture of clothing, in class 025 if the computer company also makes T-shirts with its logo, even if the logo is not registered in class 025. This raises the question of whether the registration symbol can be properly applied to goods not in the registered class, other than as ornamentation for advertising purposes.
No; you would need to make a good-faith search to find others using the name, and the existing business could claim a common-law trademark without registering for formal prote…ction.
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.
A company may register its trademark with the U.S. Patent and Trademark Office in Arlington, Virginia, or with the trademark office in its state.
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 depends on the context. One situation in which it would be a reasonable use would be in training people to recognize fakes: this is the correct logo, this is what the smugg…lers are using.
No. Actually, the superscript TM is for designating trademarks in the US that have not yet been registered with the USPTO. If/when you get the trademark registered with the US…PTO, you would use the ® instead.
It's not required to use the trademark or registered trademark symbols, and some designers feel it clutters the look of the packaging.
A trademark signifies that a name, logo or piece of imagery has been registered with the United States Patent And Trademark Office. It designates ownership of a logo, design …or name to a person or company. It prevents the pirating or copying of the image or name for beneficial gain by a third party.