When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
I will probably register for it so Im legally protected however this seems to state that by using ? you have established a trademark on something.
My lawyer went over this with me some years back. By consistently applying the TM symbol to your mark, you establish a pattern of use, and therefore if someone else tries to use it in the future, you have a sort of trail of bread crumbs you can retrieve and show that you were using the mark beforehand.
Basically, it boiled down to the fact that it wasn't necessary for my business, and it was going to cost me money I didn't need to spend. That's what the TM symbol is for though, you read it yourself on their site. Again though, before you go and drop hundreds of dollars on registering this with the USPTO, go find one of those small business help centers, and get advice there. They're there to help you, and you've got nothing to lose and everything to gain by doing it. Don't be stubborn
I agree. Either me or my friend will do something about going to a business center and getting some advice. The thing is I just dont want to end up in any legal hash with someone stealing my ideas. If I had it registered, all I'd need to do was contact USPTO and have them deal with whoever it is. Im all about keeping the idea I have. I think I can at least delcare interest and apply for the registered trademark before I foot any kind of a bill. I'm willing to pay if it means I can get what I want, but I dont want to necessarily fork out lots of $$$ if it isnt doing me much good. I figured all trademarks had to go through the process of legally being registered, but I guess not.
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<a href="http://www.uspto.gov/web/offices/tac/doc/basic/register.htm"; target="_blank">http://www.uspto.gov/web/offices/tac/doc/basic/register.htm</a>;
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
I will probably register for it so Im legally protected however this seems to state that by using ? you have established a trademark on something.
Basically, it boiled down to the fact that it wasn't necessary for my business, and it was going to cost me money I didn't need to spend. That's what the TM symbol is for though, you read it yourself on their site. Again though, before you go and drop hundreds of dollars on registering this with the USPTO, go find one of those small business help centers, and get advice there. They're there to help you, and you've got nothing to lose and everything to gain by doing it. Don't be stubborn
Heres the latest thing I've made...did it yesterday for my friend's site:
I really need something to do besides mess around in AI forums <img src="graemlins/lol.gif" border="0" alt="[Laughing]" /> .
[ 04-08-2002: Message edited by: Spart ]</p>
If anybody is a designer and wants in I'm definitely listening.
I am working on our logo right now.
<strong>Spart: When we launch the site it should be summer. I'll keep you in mind when we get everything sorted out.
If anybody is a designer and wants in I'm definitely listening.
I am working on our logo right now.</strong><hr></blockquote>
Yea I'd definitely be willing and would do it for free too....doesn't hurt to have references for freelance web design.