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#(why is 'TM' not in superscript??)
chandan-todi · 1 year
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Difference between TM (™) and R (®) symbol
We often come across two symbols associated with Trademarks - ‘TM’ and ‘R’. Each symbolizes a different type of trademark. The ‘R’ symbol represents the Registered Trademark, while ‘TM’ represents an Unregistered Trademark. The trademark itself can be a signature, symbol, logo, design, etc., followed by the symbol in superscript.
A trademark is a form of intellectual property that delivers the owner with exclusive rights to use and authorize others to use the trademark with the owner's permission, in exchange for adequate consideration. It serves as a means to identify the origin of a product.
Registered Trademark
A trademark that is officially registered under the Trademarks Act, of 1999 is known as a registered trademark. The registration of a trademark provides the owner with exclusive rights, including the sole use of the mark in relation to their products or services. The registration period for a trademark is ten years, after which it can be renewed. The entire registration process for trademarks is managed by the Trademarks Act of 1999.
Why Register?
It identifies the origin of goods and services
Advertises goods and services
Guards the commercial goodwill of a trader
Protects buyers from buying the second-rate quality goods
Registering a trademark grants the mark a monopoly right within a specific territory, preventing unauthorized use of the trademark in relation to goods and services. The test for infringement is whether a consumer would be confused about the origin of the goods or services. Legal action can be carried against trademark infringement, and registration decreases the burden of proof for the plaintiff.
Any person or entity declaring to be the owner of a trademark used or to be used in the future may apply for registration to the Registrar, of the area of authority under whom the applicant’s place of business falls, in the manner prescribed for trademark registration. In India, registering a trademark takes about 2 to 3 years (when there is no opposition from a third party).
Read more to know about the Difference between TM (™) & R (®) symbols.
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shipahoi · 3 years
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TearTM
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Not the anon. But can you share your thoughts™ on malec soulmates please 😇
Sorry this took a while to get to I had to untangle them thoughtsTM (how tf did you make that superscript) like a pair of earphones. (Also I had to study 🥲)
Okay so... Are Malec soulmates?
Short answer - yes bitch YES
Long answer -
First of all... what even are soulmates? Like, they’re people who fit together, who work well together, right? They bring out the best of each other, and each is practically home for the other(s). A soulmate bond (a metaphorical bond obviously) is basically just... the closest you can bring two hearts together, be it romantically or platonically. And Malec basically fits the bill. They’re an amazing team, and once they get past their initial bumpy road of lack of communication, they can read each other like the back of their palms. They’re literally taking the world by storm. And the amount of love they have for each other... I seriously can’t put it in words, and I hope no one ever asks me to 😭
Secondly, the question of personalities. Which... honestly don’t really matter lmao... Atleast in my opinion. Like... two people can have the exact same personalities but it won’t mean shit unless you communicate and sometimes you just don’t click. At the end of the day, all you need is to feel a connection with the other person(s) and Magnus and Alec, despite their completely opposing personalities have a very, very strong connection. (Also they have the whole Angel/demon justice/mercy ying-and-yang black-and-white kinda aesthetic going on might as well make it more poetic and throw in ‘soulmates’ too.) Oh! And I like to believe that their opposite personalities complement each other very well - I like to believe that Magnus does the small talk for the both of them, for example. And they both learn a lot from each other, always taking pages out of the other’s books. It’s like... two amazing things coming together to create something much more amazing... like the way the vocals and instruments of a song work together to create something beautiful.
Third... the whole fate thing. Is fate even a thing? Can two people be fated to be together? I think... yes? I mean, what are the chances that out of seven billion people, several thousand acquaintances, it happens to be for this/these particular person/people that your heart and mind just go ‘THEM’? What are the chances of two people being roommates, becoming friends, becoming lovers, etc? But... and I’m completely going off on a tangent here, but what if there’s several universes? Would your soulmate(s) be the same in all the universes, or would you have different soulmates in different universes? If that one theory about how your choices can create completely different parallel universes is true, then wouldn’t your choices to stay with your soulmate in this universe potentially jeopardise your relationship with them in the other universe, thus potentially giving way to a completely different soulmate in the second universe?
Idk about all that, but the universe thing for Malec is... clearly a no. See: Thule!malec (yeeeaahhhh they died but they died together and that counts right?), s1ep10 of the show, and that one quote from one of the books that I distinctly remember that’s from Alec’s POV and is something about how he and Magnus would find their way to each other in any universe. (I can’t remember where it is from tho aisjsksjsksks). And the fate part... well... fate is basically like... the path of your life, written by a higher hand, by something greater. And... well... in Malec’s case... their story was quite literally written by a higher hand (hello, Miss Clare! :D) and seeing as they were intended to be together from the very start... yeah I’d say it’s fate. (SHHHHHH MY LOGIC MAKES SENSE OKAY)
Fourth, thinking about soulmates reminds me of this thing from Hindu mythology, where two Gods (Lakshmi and Vishnu) are married, and sometimes they choose to be reincarnated as humans on earth, and in every single one of their rebirths, they seek out each other, they choose to live together, and even if their stories end in tragedy, one day their time on earth runs out and they always return ‘home’, to each other. And... that’s pretty much what being soulmates is, right? To always choose them. Magnus could’ve easily given up on Alec, could’ve chosen to ‘protect’ his heart rather than be vulnerable around him. Alec could’ve easily chosen not to get back together with Magnus, could’ve chosen to live a simple predictable shadowhunter life. But they always choose the other, and they’ve made a home together. And no matter what happens, at the end of the day, they both know that they can go home and find the other waiting for them. They freely chose each other, and they made themselves soulmates.
Fifth, I once saw someone describe Malec as the ‘we made it through’ couple of tmi, and honestly? I couldn’t agree more. Magnus and Alec have had their fair share of internal and external conflicts, have been through three wars, two trips to hell, one demonic cult, and they’re still standing strong. The whole world could be against them and they’d still be standing, defiant, never letting go of each other’s hands, and I think that’s very sexy of them. And now I shall circle back and bring up the soulmates myth of the red string of fate that goes ‘the string can tangle and knot but it will never break’. The string, the relationship, will never break. Soulmates always make it through the wringer. And malec made it through.
Lastly, Magnus was Alec’s only romance, so i guess it goes without saying that Magnus is Alec’s soulmate. But what about the other way round? Magnus has had several great loves throughout his long immortal life, and he may have several more after Alec. However, it’s clear that marriage was never in the cards for his past loves, but since marriage isn’t the height of love, I’ll just let that one slide. But, it’s been implied in rsom that several of Magnus’s insecurities stem from his past lovers, and we know that very few of them stayed till the end. I was rereading tbc the other day, and in the first story, right after the break up with Imasu, Magnus thinks about how there could never be peace for ‘someone like him’... and then fast forward to the eighth story, where he see just how much peace Magnus found with Alec, despite knowing him for only a few weeks. From what we’ve seen, it’s clear that the unconditional love and acceptance that Magnus found from Alec was unlike any other, which is why I firmly believe that Alec is Magnus’s soulmate too.
This... got way longer than I intended. If atleast 1% of it makes sense I’ll be glad ajshsjsjksks 😅😅😅
TL;DR, Yes, Magnus and Alec are soulmates.
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missguomeiyun · 3 years
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Milk Rabbit .. milk drink.
The name is awkward, I know. . . but I actually don’t know how to re-word it in any other way lol I am talking about this:
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“Milk Rabbit” is the brand (see the ‘TM’ in superscript) & the drink itself is the original flavour milk drink :P
Picked this up at Hmart bcos it was on sale, so I decided to give it a try.
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This is a made-in-China product & the idea is.. . you DIY the drink yourself. Think of it as DIY bubbletea but it doesn’t contain sago. Instead, it contains jelly & red bean. Bcos mine was the original milk flavour, it doesn’t have tea. But at Hmart, they had other flavours that were tea-based!
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The contents inside the cup: extendable straw, large packet of milk powder, the circular small cup contains jelly (flavourless; in water), preserved red bean (they were cooked & slightly sweet), & small sleeve of condensed milk!
The reason why I got this original flavour was bcos . . . I’m sure you know!
... The contents is basically by Rocky Mountain bingsoo from Dream Tea hahaha! I don’t eat/like red bean unless it’s bingsoo. My fav injeolmi bingsoo has injeolmi in place of jelly. But the point is: red bean + condensed milk . .. is EVERYTHING.
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Instructions are simple - put everything in & add (hot) water.
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There is a max fill line on the exterior of the cup.
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After stirring . . . jelly pieces will float to the top.
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Ta-daaaa~
This is really good! I love condensed milk so I didn’t think it was too sweet but it’s self-adjustable. I squeezed the whole thing of condensed milk in, & I thought it was a good amount. Reminded me SO much of my fav bingsoo :’)
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amygdalalangblr · 6 years
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Tag meme
Answer the questions & tag 20 (or basically as many as you like) people you’d like to get to know better!
Tagged by @moriartystudies
Nickname: Tex
Gender: female
Star sign: aquarius
Height: Five-foot-ish?
Time: Why Am I Awake
Birthday: February’s all you’re getting
Nationality: American? ??
Favorite band: idk man gotta ask me by genre
Favorite solo artist: honestly I don’t think I have one
Favorite colors: I have so many
Wearing: pants and a shirt??
Last thing I googled: "tumblr superscript”
Last show I watched: not much of a tv watcher honestly, sometimes it’s the news
Last movie I watched: ^ bruh I can’t even remember
Lucky number: nah, haven’t really got one
Why did I choose my url: it’s a long and protracted Theme TM among all my blogs
When did I create my blog: late 2017
What do I post: not very much! but lots of reblogging
Do you have any other blogs: yep
Do you get asks: veeeeeeeery rarely
Blogs who follow you: it’s a mix of spam and actual blogs tbh
Average hours of sleep: “sleep is for the weak” vs “sleeping for a week”
Dream trip? Whatever it is, it’s gotta be a weekend bag-only type of trip
Instruments: I’ve attempted several and know the basics of a few
How many blankets do I sleep with: usually two
Not tagging anyone because wow am I behind on answering all of these. Consider yourself tagged if you want to do this!
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fionnshair · 7 years
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K so everyone out here trying to find out this pendejo's birthday ^tm cuz idk how to do the like superscript (don't judge me) but my honest to god concern is figuring out WHAT COLOR HIS EYES Are?! Like are they green?! Are they hazel?! Are they brown?! THIS IS THE ACTUAL INFORMATION I NEED FUCK FINDIN OUT BIRTHDAYS AND SEXUALITIES WHAT COLOR ARE HIS EYES GODDammit 😩😩😩 xoxo - Fionn's crooked tooth
IM CRYIGN I LITERALLY?, LOVE U SO MUCH!!!! i agree with u 10000000% i seriously need to know what color his eyes are😩😩😩😩 why he gotta be so mysterious like we dont even know what color his eyes r im yelling i love him
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bagog · 7 years
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Noodle Shop - June 28th
He comes to see me less and less.
There are days I know it’s because he’s doing better. The ‘better’ that works into the bones, and doesn’t tether itself to world with scare-quotes and a superscript ‘TM’. Scare-quotes, superscripts, and em-dashes have made up his life and characterized his recovery: he must feel alone without them.
So there are other days I know he won’t see me because he’s doing worse, and feels he doesn’t deserve to meet me. When he walks in, the air-curtain over the door blows whatever finger-combed order he’d strangled into hair out of alignment. He’s late, he’s sweating as much as the glass of ice water I ordered him fifteen minutes ago.
I smile when he walks in, but he’s too busy avoiding my shoes for the eyelets in his shoes.
“It’s good to see you,” he says. But it’s like he understudied for a different role, and the line comes out flat. No matter: I know it is good to see me. Or it would be, if he could feel good about much of anything right now.
“Sometimes,” he says a few minutes later, after a few wontons and moving a sprig of cilantro up and down a bowl of pad thai, “It feels like… ‘I missed that, I can’t go back now. ‘ And I know that life, or friendships, or… my stupid blog, aren’t just some test I didn’t study for.”
Two napkins on the table of damp and crumpled from wiping the sweat off his face so hard he must have taken a layer of skin with it. Two napkins are crumpled wet—he keeps sopping up the condensation rings his glass leaves on the table, each time he sets it down.
“There’s a right way and a wrong way to ‘get back into things,’ isn’t there? Don’t you think?” He’s going to beg several times for what I think, and I wish I could help him. “To just come back raises all kinds of questions. People will want to know why I haven’t done this thing I promised, or why I wasn’t there for them during this. There’s no way to ever catch up, I guess is what I’m saying.”
The pad thai leaves a shine on his lips the way the sweat left on his brow. His hair is damp and curly, and it looks like he might have been ready to cry if we’d met somewhere less public.
“I fall behind. It’s what I do. I don’t know that I am good enough to not fall behind again, and I don’t know that I’m brave enough.”
It’s after midnight, and the streets, the brick and concrete banks and shops are still giving up their heat. The night air that was supposed to come and cool the skin never came, and tonight the noodle shop is busier than usual: people sitting, waiting in the air conditioning.
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aretia · 4 years
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Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
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The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
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Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
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Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Source: https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
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mayarosa47 · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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from https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/can-i-put-a-trademark-on-my-logo
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advertphoto · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
Source: https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
0 notes
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
Source: https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
0 notes
asafeatherwould · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
Source: https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
0 notes
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
from Michael Anderson https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
0 notes
melissawalker01 · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol ™ is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol ® represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
from Michael Anderson https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/190132551650
0 notes
coming-from-hell · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Source: https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
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michaeljames1221 · 4 years
Text
Can I Put A Trademark On My Logo?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
youtube
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use system, a defensive mark system, and non-claiming right system.
Why Use a Trademark?
Individuals and companies have products or services trademarked to protect the product from being used without the permission of the source company. Most countries have patent laws that are designed to protect against copyright infringement. In the United States, the United States Patent and Trademark Office (USPTO) serves this function.
Although most countries have agencies through which businesses can have their products trademarked, international copyright regulation is more complicated than in the U.S., as there exists no universally recognized patent office, rules, or consistency.
Should I include trademark symbols in my logo?
Let’s clarify the symbols you may see hanging around a logo. They are the “Circled-R” (®), TM (), and SM (℠). These are used to indicate how the mark is protected. The ® symbol means “registered” and therefore, can only be used once the mark has been officially registered with the United States Patent & Trademark Office (USPTO). By contrast, and ℠ are usually used with unregistered marks simply to give notice of ownership of rights to that mark — meaning you don’t actually have to apply for federal registration to use them. “SM” means “service mark” and is technically used to distinguish services, whereas “TM” (trade mark) should be used to distinguish goods — though is commonly applied to both.
You Should Include
If you have gone through the process of registering your mark, let the world know! Federal registration allows you to use the registered trademark (®) symbol. However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the registered trademark symbol on or in connection with the goods and/or services listed in the federal trademark registration.
Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective. Right now, if you visit the websites of some large brands, you’ll notice that Nike does not use any trademark symbols in their website’s logo. Neither does Microsoft (even though they used to in the not-so-distant past). Starbucks uses (though I’m quite sure they’re federally registered). Staples has ®. Walmart has none. Burger King has ®. Bed Bath and beyond has®. GE has none. IBM has ®. Apple has none. Sony has none, but the PlayStation logos (which belong to Sony) all have ®.
So…what’s going on? As I said, inclusion of these symbols is optional. You’ll notice that large brands like these used the ® symbol in their earlier days. From that, I’d conclude that once you are a globally-recognized brand (with highly-paid legal departments), you may no longer feel it’s necessary to notify the public that your logo is protected… by that point, it’s understood. For young, small, or localized companies, this is not the case, so go ahead and show off that ® proudly. You’ve earned it. You CAN include … but should you?
youtube
Any time you claim rights in a trademark, you may use the or ℠ symbol to alert the public to your claim, regardless of whether you have filed an application with USPTO.
It’s not necessary to include?
This is a matter of opinion, but I prefer to leave it off. It offers no real legal protection, no more than you already have under common law. Common Law rights state that merely using your logo in the course of your business gives you the rights to it. (Of course, federal registration provides several advantages over common law, but that’s a different discussion. See “Is it necessary to trademark my logo?”.) I prefer to leave it off because it can often feel arbitrary, like an afterthought, and just adds clutter to a logo (which I am totally not a fan of). This is especially true when the logo is used at small sizes, and the TM or SM tends to look like a random pen smudge because it is so small, which can be distracting.
…But you still may decide you want to use it. Why?
The whole purpose of using or ℠ is to bring attention to the fact that you are claiming rights to it. So to make this claim exceedingly and abundantly clear, you can include or SM; but it does not technically give you any added protection. However, for companies that have legal departments or Intellectual Property lawyers at their disposal, they may often err on the side of caution and advise adding it. Also, consider the subtle psychological cues it communicates— will it make the brand appear more legitimate and serious to unknowing consumers? Possibly.
Where should it be placed?
If you’ve decided to include , ℠, or ®, where should it go? While there is no hard and fast rule, common practice puts it to the top right of the logo. Sometimes it works better at the bottom right instead. If the logo designer knows upfront that you want to include it, they may be able to find a way to work it a bit more seamlessly into the design, so that it helps to balance the logo, as opposed to looking like an afterthought or mistake.
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark. It also helps stake your claim in the design, alerting competitors that you plan to use it for your business.
But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble. When a company or person holds a trademark on a specific design, the mark has restricted use. Only the owner can use, produce, copy, or profit from it. In the event that someone else tries to copy it, that owner can take legal action in a federal court.
So before you add TM to the end of your mark, do some research? You’ll need to make sure that no similar mark already exists in the Trademark Electronic Search System. If you find something similar, the next step is making changes to your mark so that it doesn’t infringe.
Once you’ve determined that your mark is truly unique, you can start using the TM symbol at the end. The three main placement techniques for notifying competitors of your intent to use the mark are:
• Placing a symbol (TM, ®, * [asterisk], or dagger/double dagger) at the first use of the trademark but not on subsequent uses, then adding a footnote that overviews the trademark
• Placing the TM or ® symbol next to the trademark every time you use it
• Using a different font or formatting, such as bold, italic, or uppercase, for the trademarked words to differentiate them from other text. An example of a footnote for the techniques listed might be something like: “The Apple logo is a registered trademark of Apple, Inc.” You may also choose to include a reference to the legal trademark, such as “The Apple logo is a trademark registered in the U.S. Patent & Trademark Office.” It’s also acceptable to abbreviate the second portion as “Reg. U.S. Pat. & Tm. Off.”
It’s widely accepted to place it at the top left corner of the mark in superscript text. If it doesn’t look good there, you can drop it to the bottom right corner in subscript text. But putting it elsewhere is rare. When you add TM to the mark, it makes sense to move forward with the trademark application. Make sure you include all required documentation. If you’re submitting a mark that only contains words, your trademark application must include a mockup of the word or words as you plan to use it/them. When you’re trademarking a logo or symbol, include an image of the mark exactly how it will look when you use it on your product, collateral, or other materials.
It’s also important to note that you’ll only receive trademark protection on the exact design. So you may want to file several applications for a logo or symbol. If you plan to use it in more than one color, submit an application for each version, including one in black and white. This protects your mark in all forms.
youtube
Once you receive approval on your trademark application, you can legally start using the registered symbol. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark.
When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing the legal protection.
When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
Why wouldn’t you register your logo as a trademark?
There are many reasons why you might choose not to pursue trademark registration, depending on your current and anticipated circumstances:
• You’re not sure how long your business will last. Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of 5 if you prepare and submit the most basic application without legal counsel.
• Your logo might change in a couple of years. Only the exact version that is registered is legally protected, and you could actually weaken the registered trademark’s rights by using variations. Also registered logo trademarks must continue to be used in order to retain their rights. If you don’t plan to continue using your logo then there might not be a reason to register.
• Your logo can’t be registered because it is similar to another already in existence somewhere else in the country. As long as you stick to your geographic area, then state registration or common law probably provides enough protection.
Trademark Lawyer Free Consultation
When you need legal help with a trademark, copyright, patent, or other intellectual property matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Criminal Defense Lawyer South Jordan Utah
West Jordan Utah
IRS Crimes
Racial Discrimination Law
Is A Spouse Responsible For Medical Bills After Death?
Family Lawyer American Fork Utah
from Michael Anderson https://www.ascentlawfirm.com/can-i-put-a-trademark-on-my-logo/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/01/08/can-i-put-a-trademark-on-my-logo/
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