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Linda P | Can you use a trademark symbol even if you haven't yet registered it? |
I have a product I want to sell, but can't afford to register my trademark yet. |
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TM Expressâ„¢
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The â„¢ symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark.
The ® symbol is to be used for marks that have a Federally registered trademark.
So, until it's registered, you can use the â„¢ symbol.
I posted some links below in case you wanted to know more. Hope that helps! |
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GLH (male 48 UK)
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Yes there is no restriction but the danger is that someone else will copy it and register it before you and then you will lose any right to use it yourself.
You could cheat a little by putting (TM) after your symbol so that everyone assumes it's registered (my guess is that very few will bother to actually check) but if anyone does check then they could still register it.
You could also try to incorporate your sympbol into some published literature which is DATED and place a copyright at the end: "(c) Copyright [your name] 2006" which might help protect you in any dispute but there is no real substitute for actually registering the trademark - thats what the register is for! |
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archimedes_crew
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Is the trademark symbol, (the little circle w/T in the middle) actually trademarked? |
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Rigo
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No. Trademark protection is not granted automatically unlike Copyrights. Trademark and patent the product first. |
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MadMaxx
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You can use it but don't be offended is some SOB steals it and registers it! |
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Demun
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Go for it, if you want someone to steal it |
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E
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you can but if someone copy it you cant sue. Plus they can get ahead and register it themselves. |
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I see you
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Get it registered anyway, even if you think you can't, it's that important. |
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cvq3842
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Yes, merely by using the trademark you gain common law rights in it. Just write "TM" after it.
Do NOT use the "R" in a circle, That is reserved for federally registered trademarks. Federal registration is useful because it provides maximum protection. The application (approval) process may take six months to two years, but as soon as you apply no one can "cut in" on you - you were there first.
Of course, it's also possible that someone else will already be using the mark, and will say you have taken their idea, whether theirs is registered yet or not.
But you can do a search - the US Patent and Trademark Office has a web site, that might give you an idea of whether someone else is using it.
Also, trademarks are for something used in advertising, such as the Coca Cola name and logo.
Copyrights are works, like a book, recording or movie.
Patents are for devices or processes, like a CD player or heart-lung machine. |
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skiptomylu_03
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Actually, yes you can
You can use the â„¢ symbol at any time, even if you have not applied for its registration. It's wise to do so, since it gives notice to the reader that you are claiming trademark rights to it.
You can only use the ® symbol once your trademark is actually registered with the Trademarks Office. |
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Uncle John
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You probably could, if you created the symbol or trade mark. But it would be better and more official, if you register it, first.
CHRIS CORNELL HAS WRITTEN AND WILL PERFORM
THE MAIN TITLE SONG FOR CASINO ROYALE. It might be good, but who is Chris Cornell? |
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Oh Boy!
 |
You can use the name of the company or product, along with the SM (servicemark, usually for a service or non-tangible product) or TM (trademark) but you CAN'T use the 'circle R' registered trademark designation. Using the 'circle R' before a registration has been granted by the U.S. Patent and Trademark Office (uspto.gov) is a federal crime. Similarly, using the words 'patent pending' when a patent isn't pending or the words patent, patented, etc. when a patent hasn't been issued are also federal crimes.
Will any one catch you? Probably not, but why take the chance and appear dishonest to potential partners, etc. Use the TM symbol and you have protection nearly as good as the 'circle R'.
One more thing, 'post office applications' like that recommended above in which you mail yourself the trademark or patent idea, are SPECIFICALLY addressed in intellectual property law that the USPTO uses. This type of 'filing' has absolutely no weight. It's worse than worthless. |
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sss
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of course you can't |
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matzger
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NO! don't do it! |
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nawaaan
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yes you can |
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lola
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you take the risk of getting it copied by someone else if u do |
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Jimithy â„¢
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You can do the "poor man's copyright", just mail yourself a copy and don't open it. It makes it all nice and legal. |
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Sharp Marble
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no-because it's not reigistered and therefore not a registered trademark. you might be able to copyright it though, so I would check into that as an alternative. |
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LovingMother
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Yes! You can use your own trademark without registering it. Using it establishes your right to it. Don't take our word for it, though, check the sources!
From the US Patent and Trademark office:
"Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods."
You just can't put the "registered" mark on your trademark until you have registered it.
You can learn more here:
http://www.uspto.gov/main/trademarks.htm
Good luck! :) |
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