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It is not "legally necessary" to use the trademark symbol EVER (unless you have a license agreement from the owner that says otherwise). However, some registration owners (and their lawyers) like to show off their ownership, and the occasional use within an article may be used to undermine a later defense of ignorance. However, just the fact that a mark IS REGISTERED is considered "notice to the world" of the rights. It is much more important to use TM (or SM) to signify a claim to ownership of an UN-registered trademark/servicemark, so that readers will understand it is not intended to be a generic or descriptive term and has proprietary value.
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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)).
No, it is always optional.
To add the trademark symbol in html (™) you can call the HTML entity. To do this, you add an ampersand followed either by the entities name, or it's number, and then a semic…olon. Trademark is represented either by ™ or ™. If you want the registered trademark symbol (®) you can use either ® or ® So... Answers® Would give a line similar to the Answers.com logo in the banner on this page.
The circle-R ® registered trademark symbol can only legally be used on a trademark that is federally registered. Many non-registered brands use "tm" or "sm" (for service mark…s) to indicate a claim to the value of the brand. Patents have nothing to do with it.
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.
its ™ & trade ; with no spaces
For Windows press and hold the <alt> key then on the numeric keypad hit 0-1-5-9 alt+0153
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: ™
Facebook is a registered trademark, which earns it the right to use the ® symbol.
The symbol is considered part of the trademarked word or phrase, so you wouldn't separate them with a comma.
It's not required to use the trademark or registered trademark symbols, and some designers feel it clutters the look of the packaging.
The ™ indication can be used on anything you are using as a mark in trade, such as a logo or slogan; the ® indication is used to note a formally registered trademark.
The Unicode for the Trademark Symbol is a symbol used to make the assumption that the previous mark is a trademark (a trademark is a recognizable sign of a particular company)….
One can find the US trademark symbol from the USPTO's Trademark Electronic Search System (TESS) database for free. One alternative you can do is to hire an attorney to make th…e search for you.