Not necessarily, but if you fail to notify someone that the logo is registered, you can't bring suit against them for trademark violation.
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Actually, you can recover damages if you prove they had actual notice of the trademark registration, or you simply sue them under the laws protecting an unregistered trademark in state or federal courts.
In order to use the trademark symbol, you need to have registered the design with the trademark office. When you license your image for use by the band, you can specify, for example, how large the trademark symbol must appear, etc.
Yes the artwork would be protected as a copyrighted work and the logo would be registered as a trademark by the company.
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 ® instead.
It depends on whether the new logo creates a new commercial impression. It's very fact dependent but in general if it looks different in any material respect it must be re-registered.
No, you need a license from the holder of the trademark.
On a Mac keyboard, you can find the registered trademark symbol (®) by pressing Option + R. This key combination will insert the ® symbol wherever your cursor is positioned. If you need to type the trademark symbol frequently, you might consider creating a text replacement in System Preferences for easy access.
With the assistance of an attorney, a small business can register their logo on either the Principal or the Supplemental Registry. Submissions to the Supplemental Registry are able to used the trademark symbol and become eligible to be listed on the Principal Registry after five years.
You would need permission to alter the logo to begin with.
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 example, 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
If one wanted to find the logo of ADT security systems, one would need to look no further than the ADT Security Systems official website. Do remember that the ADT logo is a registered trademark, and cannot be used in an unauthorized way.
Legal definition: The symbol (SM) is used to indicate that a word, phrase, logo or design is treated as a service mark by the party - that is, that the party claims rights in the mark. The mark does not need to be federally registered to use this symbol, unlike the ® symbol.
Legal definition: The symbol (SM) is used to indicate that a word, phrase, logo or design is treated as a service mark by the party - that is, that the party claims rights in the mark. The mark does not need to be federally registered to use this symbol, unlike the ® symbol.