Trade Mark and Registered Trade Mark. Registering protects the rights of the trademark.
2006-06-16 04:34:23
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answer #1
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answered by ☼Jims Brain☼ 6
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A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?
No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.
When is it proper to use the federal registration symbol (the letter R enclosed within a circle -- ® -- with the mark?
The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]
2006-06-16 11:43:24
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answer #2
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answered by Mr. D 2
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(R) just refers to a trademark that has been registed with the U.S. Patent & Trademark Office. A trademark is protected even if not registered, however, registering confers some additional benefits, such as the ability to seek greater damages in the event someone else infringes the mark. Additionaly, a registered trademark becomes "uncontestable" after a period of time, in which case it is harder for someone who has infringed the mark to argue that it is not valid.
2006-06-16 11:47:12
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answer #3
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answered by Top 99% 3
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