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Is it legally necessary to constantly use the trademark symbol if the same trademark appears repeatedly in an article or is using the symbol once at the beginning of the article enough?
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)).
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: ™
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.
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.
Answer You may be able to if your use of the name doesn't diminish in any way the value of the trademark, but if there is any way in which your… use of the name might cause confusion for the customers of the trademark holder, they will probably fight your use of the name. Bottom Line: Discuss your plans with a business-savvy attorney Answer If by "use the name" you mean open another company using the same (or similar) name, the quick answer is "possibly", but you need to do a little research first. This is called a "clearance" search. :Note: This presumes you do not already have superior rights to use the trademarked name, say, if you were using it well before the other company came along. A company name, by itself, cannot be trademarked -- it has to be associated with some specific product or service before it becomes a "trademark." If the name you're interested belongs to a company that sells things completely unrelated to yours, or only in a very distant place from you, you might be okay. But not necessarily, depending upon how "famous" the name is already. You could not, for example, market a hockey puck called "American Express" without having a chat with their lawyers. Similarly, Hostess brand hockey pucks might not fly very far. This is because those brands' owners can prevent "blurring" and "tarnishing" of their brands by others who may want to take advantage of pre-existing brand recognition, even if nobody is confused about who makes the product. You might do a "Little Wendy's Shoe Polish" product, but not a "Wendy's Drive-In Shoe Shine," because the latter mimics the existing fast food chain. A company with a valuable trademark will often register its rights (in a state or federal registry) and you can start by researching the scope of protection they claim. On the other hand, they are not required to register a brand, so there may be other things they sell that are not included in any of the registrations. If you are going to put a lot of money into the marketing of your company, you should budget a few thousand dollars for an intellectual property attorney to "clear" the use of the trademark before you proceed. A large US company might pay $50,000 or more in worldwide clearance search and opinions, only to find someone else already has used a similar brand in a similar way. To avoid trouble, they start over with another name. Once you know what they claim, you can compare your product/service with theirs, look at the marketing channels you both use, look at both your customer bases, and other factors. If there is ANY overlap, you should be very careful. It would be a shame to devote a lot of effort to build up a brand only to lose it later and have to start over with a safer one. Fair use If by "use a company name", you mean "refer to a company name" that has been trademarked, e.g., use it for comparison, or to link to their website, or say you live next door to it, the rules are different. You may legally "use" the name XYZ in your own materials (say, an eBay advertisement) if all you're saying is that the product was made by XYZ (click here for their product info), or even that the thing you're selling is compatible with XYZ. Similarly, in advertising your own products, you could say that yours is "a working replacement for XYZ" or "better than XYZ" if you have proof that the statement is true. You can say, "we hired all the former XYZ engineers before the company collapsed", as long as it's true. However, you may not use a company name that is trademarked if all you're doing is coat-tailing on the fame of its trademark, such as "Our Disney souvenirs are cheaper than the licensed ones!" Many large companies also strongly object to your use of their brand names in meta-tags or hidden text on websites, let alone using their proprietary graphics as "links" to their websites without a license. They have the right to control the source and quality of any affiliate, and to prevent others from falsely claiming an affiliation. Even under so-called "fair use" of a product trademark, you may still get sued for mis-use and it will cost you thousands of dollars in attorneys' fees even to reach a settlement.
Use the HTML character entity ™ (preferred) or the character decimal code ™ or the character hex code ࡊ. Use HTML Character entity ® it is a logo used fo…r indicating registered and tradmark.
The law doesn't specify.
The symbols are not required by law, but many companies have internal policies regarding the use of their trademarks which may stipulate how they can be used in press releases….
is this how you do it ilytm
In Business Law
Video: How do you trademark a name in the US? Trademarking Your Name First, go to the US Patent and Trademark Office website (see link below) and search to make sure no… one else has used that name. If the name is available, you have to file a trademark application and pay a fee. Although you can do it yourself, using a trademark attorney will help to avoid procedural errors. Be patient... it is not unusual for the process to take over a year. From the United States Patent and Trademark Office Related Link below, select "Search Marks." (For more information, see the Related questions.)
its ™ & trade ; with no spaces
Provided the use is sufficiently different from others already registered, yes.
In Business Law
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.
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)….