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Questions about using TM 1818 Responses
Last post: 3 months ago | Thread started: Oct 7, 08, 4:36 p.m.
- PunchDouble
I was wondering about this. If you have a logo for a business is it really necessary to add a TM/trademark sign by it?
What are the exact pros and cons if any?
- Oct 7, 08, 4:36 p.m. – Permalink
- MrOneHundred
Only use it if the logo has actually been trademarked.
- Dog-earOct 7, 08, 4:37 p.m. – Permalink
- JG_LB
Trademark law in general protects a trademark owner's commercial identity (goodwill, reputation, and investment in advertising) by giving the trademark owner the exclusive right to use the trademark on the type of goods or services associated with the mark. Any person who uses a trademark in connection with goods or services in a way that is likely to cause confusion is an infringer. Trademark owners can obtain injunctions against the confusing use of their trademarks by others, and they can collect damages for infringement. For example, let's say that Small Company, Inc. is selling a line of beauty products under the trademark ALLURE. If Giant Company, Inc. starts selling beauty products under the trademark ALLURE, purchasers may think that Giant Company's products come from the same source as Small Company's products. Giant Company is infringing Small Company's trademark rights.
- Dog-earOct 7, 08, 4:38 p.m. – Permalink
- VectorMasked
as far as I know you don't have to add it.
first of all... is even trademarked? if so, do it. looks more 'pro'
if it's not trademarked, don't.- Dog-earOct 7, 08, 4:38 p.m. – Permalink
- VectorMasked
i do it ;o)
but is it right?
- Dog-earOct 7, 08, 4:39 p.m. – Permalink
- ukit
According to Wikipedia, TM is for before it is registered (common law trademark, R is for actual trademark.
There is no con unless you are worried about someone stealing your logo. One pro is that you may find that many logos look better with a small element like that attached;)
- Dog-earOct 7, 08, 4:42 p.m. – Permalink
- Jnr_Madison
You can't bring an action about your trademark in court unless you have registered it. As ukit says, TM is before registration then R when it is.
- Dog-earOct 7, 08, 4:44 p.m. – Permalink
- matteranitmatter
i find it pointless
- Dog-earOct 7, 08, 6:44 p.m. – Permalink
- johndiggity
™ is fine to use anytime. ® can only be used after the trademark in question has passed registration with the united states patent office.
- Dog-earOct 7, 08, 9:17 p.m. – Permalink
- lambsy
nissan motors used the ™ on their "shift_" campaign
they never actually trademarked it, because they knew it would never pass legal. so to get by it, they put a disclaimer under all their ads saying "shift_™ pending"
that way if someone actually challenged the trademark they couldn't be sued- Dog-earOct 7, 08, 10:39 p.m. – Permalink
- PunchDouble
so as far as i understand
using TM is always possible but in short it's more like a 'scare tactic' warning type thing to do?
like you'll use it when you don't actually have the stuff registered to try and tell people to not steal it?- Dog-earOct 8, 08, 8:03 a.m. – Permalink
- BaskerviIle
like has been said above you can use © or ™ anytime, it doesn't really mean much. ® is for when it has been officially trademarked and registered (I have been through this process recently, it involves having legal checks done which are very expensive to prove there are no conflicts with other logos).
But even then, the law changes from country to country. In the UK at least, you can be registered but you don't have to put the ® symbol on the logo. But in the USA you have to display it. In the logo we just launched we have put it there an all applications, but to me if ruins the logo somewhat
- Dog-earOct 8, 08, 8:18 a.m. – Permalink
- johndiggity
from the uspto:
"Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
constructive notice to the public of the registrant's claim of ownership of the mark;
a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
the ability to bring an action concerning the mark in federal court;
the use of the U.S registration as a basis to obtain registration in foreign countries; and
the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration."
- Dog-earOct 8, 08, 9:25 a.m. – Permalink
