™ & ®
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- jtb26
I know what protections they offer, and when each is used. What I don't specifically understand is when or why they should be used in a conjunction with a logo.
Can anyone shed some light?
- ESKEMA0
Also used with text only, not just logos. You don't have to use it as far as I know, it's just a warning for whoever sees it, saying that it's trademarked, registered or whatever. So I would say use it whenever you want.
I might be wrong with this assumption though
- d_rek0
You would want to use them because you have a symbol (artistic, text-based, or otherwise) that you want to be recognized and protected by the laws that govern registered trademarks and copyrights by a given country.
If you fail to trademark your symbol and present it without such designation(TM or R) you could potentially open yourself up to IP theft. And if you never officially registered the symbol you would have had no grounds for protection/retaliation under most patent/trademark/copyright laws.
- You don't have to add TM to have trademark protection (but it helps)ribit
- Miesfan0
business can use the ™ symbol whenever it wishes to claim a trademark. You do not need to file any paperwork or receive permission to use the ™ symbol. Use of the ™ symbol can put the competition on notice that the business considers a mark its trademark.
The ® symbol may ONLY be used AFTER the US Government grants a Federal registration certificate. The ® symbol may not be used while the Federal application is pending. Additionally, the ® symbol may only be used in connection with the goods and services listed on the registration certificate.
- mkuplens0
Adding to Miesfan's reply: insisting on inclusion of all the relevant trademark indicators is important to defend the mark from claims of becoming a generic term. Once a trademark has been deemed to have become a generic term, all protections are lost.
You can see some great examples at http://en.wikipedia.org/wiki/Lis…
- So for instance, Otis can no longer stop other manufacturers from advertising their own 'Escalators'mkuplens
- i_monk0
Adding to Miesfan's reply: the US isn't the only country that uses ® and ™, so ignore his second paragraph.
Use is dictated by the client's legal team. Some places are happy to use it just once per document, or just the first instance of the logo or name in copy, but others want every™ damn® instance™ attributed®.
- jtb260
Thanks all for the info. The client wants them in and is taking responsibility for securing the legal end of it.
I'm not thrilled about it - but I wanted to see if there was any grounds for trying to convince them against it. As ribit commented it feels a little like taking a sharpie and drawing a mustache on a portrait, but I don't know if that's really going to cut it to talk the client out of it. And I'd rather save my "We think this is a bad idea" 'cards' in case something even more offensive pops up.