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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)).
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).
Co.A uses a trademark in its name but does not register in the Fed Register but Co.B gets a federal registration of the same brand and has the official R can it force Co. A to cease using the name?
The first user wins If company A used the trademark on its products before company B did, then it doesn't matter if B later gets a registration; they cannot stop …someone who had used the same brand earlier. However, if company B had been using the brand longer, but never bothered to register it until A came along, then B has the superior rights. Trademark rights start from the moment you first use the brand in association with marketing your products or your services. You can also obtain provisional protection by filing a federal application for "intent to use" a trademark. Anyone who starts using a similar mark after your filing date can be forced to stop, once your registration is granted. Sometimes competing brands interfere with each other during or after the registration process. If you believe someone is registering a similar brand in a way that will harm you, there is a mechanism to "oppose" an application or even "cancel" the registration, since it should not have been issued. Alternatively, there is a way to have "concurrent use" of the same trademark by different owners.
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.
The (r) and TM indicators are not required. Typically they are found at the top right of the logo, as seen at the top of this page.
I would think so.... I don't know. It would be better to not mess with it. If you're worried about it, try getting your free clipart from a different source such as http…://www.universalclipart.com
No, but you may use the superscript "TM".
As a general rule, a trademark registration cannot be changed during renewal if it EXPANDS the scope of the goods or services. Under US laws, you are required to delete good…s or services that you no longer offer, as trademarks only apply to "goods and services" actually in commerce. Rules for individual US state trademark registration renewals may be somewhat different.
There are numerous benefits to having a federal trademark registration: It gives you national priority for that brand on the registered goods or services and related business…es;Federal registration prevents others with similar brands from registering - the examiners will automatically reject "confusingly similar" brands;You have more inherent clout when sending preliminary "cease and desist" letters;Your registration shows up in any preliminary search by others in the process of selecting a brand;The information in the registration clearly states your date of priority, making proof of priority less subjective;You are allowed to use ® on your brand;Federal courts are more receptive to your infringement claims;Increased chances of obtaining damage awards in federal courts;Ability to prevent others from importing infringing articles;Federal registration provides the basis for international expansion using Madrid Protocols or otherwise leveraging your federal registration;
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.
The red triangle of Bass is famously the UK's first trademark, registered in 1875, but in use for hundreds of years prior to that.
The term of a federal trademark registration is ten years, with ten-year renewal terms.
Once the availability of the proposed trademark has been certified, applications and related artwork are filed with the U.S. Patent Office.
An organization or individual wishing to use a slogan, logo, or business name (a "mark") in commerce may wish to register it.
In Business Law
That depends upon where you are registering it and whether your application faces any opposition by the examiners or by possible competitors. For example, in many US states,… a trademark registration is $50 or $100 per class of goods or services. In the USPTO it would be $275 per class. Additional protection under the Madrid Protocol would be available for an added cost for each country. An "opposition" action could result in thousands of dollars in attorney fees to fight it. Trademark registration is completely optional in the USA, UK, Canada, Australia and a few other countries.
In Business Law
If it is your own or you have a license, yes. For example, something originally conceived as a decorative element may become part of a logo.
The term of a US federal trademark registration is ten years, with ten-year renewal terms. However, an affidavit of actual use is required between 5 and 6 years after the re…gistration is first issued, or the registration will be automatically canceled well before it qualifies for renewal.