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In lugnet.events, Larry Pieniazek writes:
> In lugnet.events, Matthew Gerber writes:
> > Trademark is used for a name, phrase, logo, etc. identifying a product,
> > usually registered (but not always...and not always necessary. First use
> > usually will suffice as a trademark unless a real legal fight is engaged
> > over it), and gives you legal rights to persue anyone using the name,
> > phrase, logo, etc. improperly or without your permission.
>
> Right. Knew that but good confirmation. Note the difference between TM and
> (R)... (to other readers). You can use the TM symbol, and it's a good
> practice to do so on things that you want to assert trademark for, without
> any other requirement. But to use the (R) ( R in a circle, I could paste the
> symbol in but will not) you have to have "registered" the trademark which
> costs money.
>
> > Servicemarks are usually saved for temporary things. Example: a tag line in
> > a quarterly advertising campaign...you want to protect it for the life of
> > the campaign, but don't care beyond that.
>
> Hmm.... in that case it sounds like they ought to be using TM rather than SM
> if WAMALUG wants to claim indefinite rather than temporary. Are you sure
> about that???
About a servicemark being temporary? I am sure that they are used in this
way in many cases. A servicemark can be given to anything, and some folks do
use them for long term service, but in the case of infringement, they have
much less legal ground to stand on. If a legal problem arises, it comes down
to proving first use, and that can be difficult.
You are correct, they should use the ™ symbol on the first instance of the
name in any written format (if you will be mentioning a trademark more than
once in something like a flyer, you only need to use ™ on the first
instance...all other instances are covered therein), and on every logo
design used (t-shirts, flyers, etc.) even if they are diverse.
For what it's worth, any time you are creating something from scratch, no
matter what it is (graphics, music, writing, anything) you own the
intellectual copyright to that material or item. You can have that copyright
officially registered with the government and use the © symbol (although
many folks use the © unregistered anyway, and it CAN suffice, but YMMV).
Just be absolutly certain that the material IS 100% yours before you do
anything with it, especially for profit.
> Thanks for the info
No problem Larry. Remember though, IANAL either, so any true issues should
be taken to legal counsel for definitive answers (and that should suffice to
CMA).
Matt
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Message has 1 Reply:
 | | Re: Brickfest(sm) Service Mark
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| Some research I did on the matter from USPTO sources and our own USDOCs library here at Univ.of Georgia suggests that (sm) is in fact (TM) or ™. The (sm) is not even recognized as an abbreviation and a call to a local patent attorney indicated that (...) (23 years ago, 19-Jul-01, to lugnet.events, lugnet.org.us.lugola)
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Message is in Reply To:
| | Re: Brickfest(sm) Service Mark
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| (...) Right. Knew that but good confirmation. Note the difference between TM and (R)... (to other readers). You can use the TM symbol, and it's a good practice to do so on things that you want to assert trademark for, without any other requirement. (...) (23 years ago, 19-Jul-01, to lugnet.events, lugnet.org.us.lugola)
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