Re: trademark symbol

Patent & Trademark, Questions & Answers by Andrew P. Lahser, Attorney

  1. Can you use ® circle r with words-only part of a design mark?
    Probably not. The registered mark is usually described and displayed quite specifically. A portion (just the words) is not the mark.
  2. Can you import products to the US marked ® circle (r)?
    If you intend to misrepresent the status of your product or deceive consumer, you may be liable.
  3. What is proper notice for a registered trademark?
    Three choices: 1) ® 2) Registered in the U.S. Patent and Trademark Office or 3) Reg. U.S. Pat. & Tm. Off.
  4. What is the penalty for ® symbol before trademark registration?
    There could be a variety: denial of registration, fraud, false advertising, or other penalties for deception.
  5. Do you use ® circle (r) with every instance of a trademark?
    The most conservative advice is to use ® circle (r) every time. Use of the ® symbol allows you to claim money damages and attorney fees.
  6. Can I use ® circle (R) with a state trademark?
    No. You can use the tm symbol, like this ™. Using the ® for state trademark may be considered fraud or false advertising.
  7. What is tm in small letters? Is it trademark also?
    Yes, it is not uncommon to use tm or (tm) instead of the correct typographic symbol ™. That is a claim for trademark rights.
  8. Why do some large companies use tm instead of ®?
    Large companies may be advertising to purchasers in several nations, who have conflicting laws regarding the use of ®. So, they use ™ instead.
  9. What font for ® registered trademark symbol?
    The purpose of the ® (registered trademark symbol) is to provide notice. If the symbol cannot be read, then it is not providing notice.
  10. Must I indicate a company's tm or registered mark when blogging?
    If you are a publisher (blogger), then you risk lawsuits for your publications. Be prudent. Carry insurance. Learn the law and etiquette of journalism.
  11. Must you display the (r) ® registered trademark symbol?
    If you go through the trouble of obtaining a federal registered trademark, it seems sort of silly not to use it.
  12. Where does the TM symbol have to go?
    The most conservative advice related to trademark marking usually consists of having an appropriate mark each and every time that the trademark is used.
  13. What symbol can I use BEFORE the trademark is issued?
    By convention, you can use the ™ symbol, or a superscripted TM. The (r) and ® (pronounced 'circle r') can only be used after registration is complete.
  14. Can I add the ™ symbol to my website ?
    Definitely Maybe. Trademarks do not protect websites directly. Trademarks protect consumers.
  15. Can the trademark symbol be placed anywhere near the logo?
    By convention, the trademark symbol is typically placed to the upper right of words and to the lower right of symbols.
  16. Can the trademark symbol match the color of your logo?
    Any choice of color should not interfere with the purpose of placing competitors on notice of your trademark.
  17. Swiss Made Chocolate - What is the trademark?
    The best way to figure out what is claimed as a trademark is to review the public legal documents. Here is how you might find them.