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 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 Accord Polo Fashions, Inc. v. J & W Enterprises, 786 F.2d 1156, 229 U.S.P.Q. 69, 71 (4th Cir. 1986) (unpublished decision) (failure to give statutory notice does not bar recovery of damages under Lanham Act Â§ 43(a)).
Phrases are not copyrightable. If a phrase is used on the packaging of a product or the advertising of a service it may be registered as a trademark or servicemark.
In the US, class headings are not accepted in trademark applications; the specific goods or services must be listed. This may not be the case in other countries.
A product's unique and identifiable packaging, such as a Coca-Cola bottle, is its trade dress, a type of trademark.
That is Corian, which is incidentally a registered trademark of a DuPont product.
GENERIC a consumer product having no brand name or registered trademark.
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).
A trademark is a type of intellectual property, specifically a mark used in trade: a business or product name, logo, or slogan.
Submit copies of advertisements, photos of the product on store shelves, examples of packaging, etc.
You can put a trademark symbol on your product before it is registered. However, it isn't backed by anything official and it could be copied or imitated.
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.
Yes the artwork would be protected as a copyrighted work and the logo would be registered as a trademark by the company.
A trademark is a mark used in trade, like a business name, logo, or slogan. Although established trademarks are protected without registration, a registered trademark has been submitted to the country's trademark office for addition to the registry.