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 Question It 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 …make 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 ? usage No, 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 Trademarks B. 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 Â§ 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 Â§ 43(a))..
No, it is always optional.
Trademarks are a bit misunderstood. Trademarks are adjectives and not nouns, so when you refer to a company by its name, you do not need to use the trademark symbol. For examp…le, Answers Corporation is the name of the company that runs this site. If you refer to Answers Corporation in an article, you should not use the trademark symbol. However if you say something like, "The Answers.com(SM) website is . . . ", then you should use the trademark symbol. It is often customary to use a trademark symbol in the title of an article (if applicable) and then the first time that the trademark appears in the article. It is generally accepted that you do not need to use the symbol each time the trademark appears. Michelle_Esq IP attorney with 15 years experience
To add the trademark symbol in html (â¢) 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 se…micolon. Trademark is represented either by ™ or ™. If you want the registered trademark symbol (Â®) 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 Â® 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 ma…rks) to indicate a claim to the value of the brand. Patents have nothing to do with it.
You can use the trademark â¢ symbol on any unique name or logo you created and use. It does not require special registration yet still signifies your ownership. The Regist…ered symbol Â® is similar to the trademark symbol but it requires registration with the U.S. Patent and Trademark Office (USPTO or PTO). The copyright symbol Â© 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.
Assuming you are referring to the social networking website, the name "twitter" is a legally registered trademark so it should be used with the Â® symbol.
A trademark is a way to copyright your business or organization so that other people cannot use your name as their own. A trademark is a really good thing to get if you are tr…ying to patent a new invension or design for a new or old product.
No; if it's registered, use the R, and if it's not, use the TM.
Facebook is a registered trademark, which earns it the right to use the Â® symbol.
The symbol is considered part of the trademarked word or phrase, so you wouldn't separate them with a comma.
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 USPTO, you would use the Â® instead.
Use of the trademark symbol is optional, but it doesn't hurt. For logos it's often part of the image file, so it would actually be more work not to use it. This page is full …of reasonable examples. In the banner we have the Answers logo with TM, and at the very bottom we have a copyright notification, but for running text including the word "Answers" (such as the Answers Properties list header and content), there are no markings. Other websites are almost cartoonishly consistent with their use of the symbol--every logo, every slogan, every time the name of the company or its products appear, there's a helpful (r) reminder in case you'd forgotten in the intervening half-inch that they've registered it all. These are cases where using the indicia is distracting. What you want is a balance.
It's not required to use the trademark or registered trademark symbols, and some designers feel it clutters the look of the packaging.
The â¢ indication can be used on anything you are using as a mark in trade, such as a logo or slogan; the Â® indication is used to note a formally registered trademark.
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.