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When did registered R in circle first appear as trademark registration?
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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: ™
Ethernet was a trademark of Xerox Corp., which relinquished the trademark when it was standardized by IEEE as IEEE 802.3. As it is no longer a trademark, Ethernet no longe…r needs to be capitalized, though it is still common to do so. The term has also come into wider use as new standards have emerged, as in "wireless Ethernet."
No, the Nemo Movie is not a registered trademark.
Federally (USA): There is a filing fee for each class of goods and services to be registered for a given mark. Currently under $300. See uspto.gov for latest fees. Also may …be wise to pay a few hundred dollars for professional help with clearance and filing out the application and filing it with all the right parts and forms. Hire an attorney and get it done right the first time, if the brand is at all valuable to you. State registration: varies. Some are flat fee of $50, some are $50 per class. European and individual countries: vary. Madrid protocol: ask your attorney However, if the trademark is only going to be used within the state - it requires no registration. If you create a sign with your name or logo on it for your local store, it is protected under the Common Law.
Answer Each country has slightly different rules. Generally you need to file an application form with several attachments, and a fee. … In the USA, for federal registration you need to be the owner of the mark, already used it in interstate commerce (or have a bona fide intent to use it before it becomes registered), have a general description of all the goods or services to which the mark applies, submit a drawing (or other sample and description) of the mark, and submit an example of the mark in actual use (i.e., on packaging for goods or advertising for services using the mark). Of course, you will also need to submit the necessary fees for the basic filing and for each additional class of goods or services. Some types of applications can be filed online at the U.S. Patent and Trademark Office website (uspto.gov). After you file, there could be a long wait before your file is examined and rejected for one or more reasons, for which you must submit corrections, documentation or other amendments to keep the application alive. This can drag on for years, with appeals and so forth. Once the application is "accepted", it will be published for opposition, to see if anyone else already claims the right to use that brand. An opposition is handled much like a lawsuit, with motions, briefs, evidence, etc. This continues until the file is either abandoned (many are), divided, or a registration issued for one or more classes of goods and services. The filing process is not always as easy as it sounds, and there are several ways to trip yourself if things are done wrong on the first application. :Note that there is no obligation to do your own search of the trademark databases prior to filing for registration, but it would be foolish to waste time and money on a brand that is similar to one already in use or registered by someone else in a related field. You might do your own preliminary search, but there are professional services that will search "the entire world" for similar brands. If you intend to protect your brand in multiple countries, it is highly likely you will need to hire attorneys to help you, as the expense and complexity increases dramatically. You may also register a trademark at the state level (in the USA), which could be a lot simpler and yet give you an official registration that would protect your brand in any state where you register.
What is the difference between the trademark 'TM' servicemark 'SM' Registered 'R' in the circle and Copyright 'C' in the circle?
TM vs. SM vs. Â® vs. Â© Copyright Â© laws protect ownership of things like music, writing, artwork, photographs, and other "original works of authorship." Copyright pr…otection is automatic and may last for over 100 years. However, not everything can be copyrighted, and some copyrights expired prior to 1976 laws. The "circle-c" mark has been "optional" since the 1970s, but is properly used with a date and identification of the author/owner. Under the Digital Millennium Copyright Act, it is a federal crime to remove or alter a copyright notice when you're making copies, regardless of whether the copies are lawful or not. Trademark laws protect "words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce." Unregistered trademarks are a bit harder to enforce than registered, but last as long as they are being used. Trademarks may be registered in states or countries or both. The (TM) symbols for TM and SM are completely optional and require no registration. However, there are advantages to having a state or federal trademark registration, including the fact that it will tell others when you first used your brand, which can be important in priority disputes. Valuable marks justify getting professional advice. To learn more - and there is a LOT of info - check out the United States Patent and Trademark Office Home Page (their glossary is a good place to start) and the U.S. Copyright Office in the Library of Congress. Here is more input: . Depending on your local state laws, trademark registrations have different lifespans and can either be renewed or not. If a trademark is registered it is only registered for a certain period of time and then the owner decides to renew it or not. As long as you continue using a trademark, and were the first to use it, you can enforce it in state or federal courts, whether or not it is now or has ever been registered in a state or federal proceeding. . Most state copyright laws were preempted by federal laws passed in the 1970s, but may still be important on certain types of works, such as "sound recordings" made prior to the changes. There is also a "circle-P" mark on some older phono records, meaning they are covered by an international phonograph duplication treaty. . The Â© copyright notice and Â® registration mark have nothing to do with state registrations. . Any time you claim rights in a trademark, you may use the "TM" (trademark on goods) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the state or USPTO. However, you may use the federal registration symbol "Â®" only after the federal USPTO actually issues a registration, and not while an application is pending or after registration expires. Also, you may use the registration symbol with the registered mark only on or in connection with the goods and/or services listed in the federal trademark registration. Any major change to the mark or the goods/services will require another registration. Federal registrations require periodic maintenance fees (i.e., every 10 years).
The Difference between TM and (R) PencilSharp's usual legal disclaimer: I am not a lawyer, nor do I play one online. Do NOT view this answer as a binding legal opinion! Ok…ay, first thing you need to know is that there are two types of copyright (it's a closely related intellectual property issue, trust me). COPYRIGHT is what you get when you create something. It is innate in your creative act. Should your creation be *published* or otherwise made available to the public, your copyright becomes *much* easier to enforce. In essence, it becomes a SUPERCOPYRIGHT (not a legal term...) because you now have proof of when you created it. A TRADEMARK, in the same way, is a *symbol* or typeface or phrase or etc. that distinguishes your service/creation/product from everyone else. Look at the WikiAnswers logo at the top of this page to see a TM (trademark). A REGISTERED trademark, on the other hand, has been registered with the US Patent and Trademark Office, and a fee has been paid to the USPTO to boot. Now, you have a SUPER trademark that you now get to mark with a capital R inside a circle (R). Basically, you do not HAVE to register your trademark to have a trademark. You SHOULD do so if you are worried about somebody swiping your design as their own, as registered trademarks have the full strength of the US Government to help enforce it.
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).
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.
There are a number of registered trademarks of the word Concorde. Of the 22 in the WIPO database, the oldest is the 1963 registration from Airbus, and the newest is from a Ger…man bus company. Of the 24 in the US Patent and Trademark Office database, the oldest is a 1966 registration from a model plane manufacturer, and the newest is a maker of guitar cases.
Yes; there are 83 trademarks including "masterchef" or "master chef."
\n. \n Answer \n. \n. \nThis refers to a registration recognized by the members of a regional group, such as the European Community Trade Mark (CTM).
In Business Law
There are hundreds of trademarks including the word "lollipop" around the world. In the US alone, there are wines, toy horses, tape recorders, restaurants, book clubs, online …seminars, and photo editing services called Lollipop. In Germany there is a plant vendor and a perfume company; in Korea, there is a phone; in Austria, there is a line of children's clubs in malls; in Japan, there is a designer of computer games; in France, a line of cosmetics; and in Sweden, hair accessories.
Yes, if they are likely to be used in trade separate from the book. There are many Harry Potter trademarks, for example.
In Business Law
Canadian Trademark registration costs can be capitalized. • Trademarks and trade names are renewable indefinitely every 15 years, so the legal life may be unlimited; the u…seful life, however, may be limited • Costs of acquired trademarks or trade names are capitalized • If trademarks or trade names are developed by the business, all direct costs are capitalized • If the future benefits of a trademark is determined to have an indefinite life, it is not amortized.