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Hi all,
Because there is still so much confusion still about TM marks and its use, I thought I'd post an interview/article from a credible source, Forbes.com in an interview with intellectual property attorney Kelley Keller, Esq. of The Keller Law Firm.
http://www.forbes.com/sites/work-in-progress/2014/03/12/when-and-how-do-i-have-to-use-trademark-symbols/#67e976907c41
Those not wanting to read the whole article can read just this portion:
Q: When should the trademark symbols be used?
A: There is no requirement to use the TM or SM symbols and their use has no legal significance, but it is wise to do so. When you use the TM or SM, you notify the public of your claim of branding rights in a particular mark and in turn dissuade others from adopting the same or similar mark for the same or similar products or services. This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace.
Use of the federal registration symbol, however, is regulated by federal law. You may only use the symbol with a federally registered mark and as applied to the goods and/or services listed in the registration. While you are not legally required to use the symbol, failure to use it is not without consequence. In an enforcement action, you will forfeit your right to recover lost profits and money damages unless you can prove the defendant had actual knowledge that your mark was registered prior to the infringing activity. This can be a very high burden and one unnecessary to bear.
If anyone wants to learn more about Registered trademarks (you know that R in a circle ®) can view this video put out by the US Patents and Trademark Office:
http://www.uspto.gov/trademarks-getting-started/trademark-basics
Because there is still so much confusion still about TM marks and its use, I thought I'd post an interview/article from a credible source, Forbes.com in an interview with intellectual property attorney Kelley Keller, Esq. of The Keller Law Firm.
http://www.forbes.com/sites/work-in-progress/2014/03/12/when-and-how-do-i-have-to-use-trademark-symbols/#67e976907c41
Those not wanting to read the whole article can read just this portion:
Q: When should the trademark symbols be used?
A: There is no requirement to use the TM or SM symbols and their use has no legal significance, but it is wise to do so. When you use the TM or SM, you notify the public of your claim of branding rights in a particular mark and in turn dissuade others from adopting the same or similar mark for the same or similar products or services. This staves off unwitting trademark infringement, which disrupts the free trade of goods and services in the marketplace.
Use of the federal registration symbol, however, is regulated by federal law. You may only use the symbol with a federally registered mark and as applied to the goods and/or services listed in the registration. While you are not legally required to use the symbol, failure to use it is not without consequence. In an enforcement action, you will forfeit your right to recover lost profits and money damages unless you can prove the defendant had actual knowledge that your mark was registered prior to the infringing activity. This can be a very high burden and one unnecessary to bear.
If anyone wants to learn more about Registered trademarks (you know that R in a circle ®) can view this video put out by the US Patents and Trademark Office:
http://www.uspto.gov/trademarks-getting-started/trademark-basics