Do you have to use the circle-R registered trademark symbol more than once on product packaging?
This is not completely accurate. You are never REQUIRED to use circle-R ?.
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.
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 Accord Polo Fashions, Inc. v. J & W Enterprises, 786 F.2d 1156, 229 U.S.P.Q. 69, 71 (4th Cir. 1986) (unpublished decision) (failure to give statutory notice does not bar recovery of damages under Lanham Act § 43(a)).
The symbol capital R within a circle [Â®], or circled capital letter R, is the registered trademark symbol. This indicates that the product is registered with a national trademark office (ex: Registered, U.S. Patent and Trademark Office). If a trademark is not officially registered, then it will be marked with a superscript TM (in capitals).
Can you use a registered trademark on any generic product that falls into the trademark's registered product category?
a trademark is A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. A distinctive characteristic by which a person or thing comes to be known: the shuffle and snicker that became the comedian's trademark. To label (a product) with proprietary identification.
Do you need both a copyright and a trademark on a product using proprietary artwork and company logo?
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.) ...
No. Incorporation is the legal creation of a new corporate body, such as a business, a government, or a non-profit organization. Trademark is the protection of the name, logo, or slogan of an organization or product. Answers Corporation is incorporated. Answers.com is a registered trademark of the Answers Corporation.
Only if the product doesn't have a registered trademark on the name. If your product has similar functionality to an existing product and you call it the same thing, you would be at risk of "passing off" your product as theirs and if they have trademarked the name, you would be at risk of being sued.
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks. In short, a trademark is a word, phrase, symbol, design, or combination that helps consumers identify a particular product.
Trademarks are tools used by organizations, companies or legal entities to market their particular company or product. They can be in the form of an icon, symbol, logo, word, phrase, photo, sound or color. It markets a familiarity, of product and company, to customers. For a trademark to be legal, used only by the particular entity, it must be registered with the government trademark office. In some locations, however, a trademark may be established through…
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From a customer needs point of view, the customer needs the packaging to protect the product until it is ready to be used. So the packaging would protect the product from breakage under normal handling or keep it fresh if the product deteriorates over time. The packaging can also address customer needs in terms of supplying information about the use or properties of the product, safe handling or operation, etc. Some packaging may contain warranty…