Displaying TM

[sugarloaf]

When is it necessary to display TM (Trademark) on a website next to your logo?

[paynomind]

Necessary? Necessary? Is it necessary to drink my own urine? No but I do anyway, coz it's sterile and I like the taste.

In otherwords, it isnt necessary as much as it is good practice, but only as like, in the footer.

[andrewharrington]

From Chapter 2 of a wonderful book, Forms, Folds, and Sizes by Poppy Evans:

A copyright notice, strategically placed on literary, musical, or artistic work, serves as a warning to potential plagiarizers. A copyright notice consists of the word 'Copyright' or its symbol ©, the year the work was created or first published, and the full nae of the copyright owner.

The copyright notice should be placed where it can easily be seen. Placing a copyright notice on a piece of work isn't absolutely necessary to claim copyright infringement, but it is in the owner's best interest to use this symbol as a warning. Original work can be further protected by registering it with the U.S. Copright Office:

Copyright Office

Library of Congress

101 Independence Avenue, S.E.

Washington, DC 20559

www.copyright.gov

A trademark is a word, phrase, symbol, or design that distinguishes the source of one's product from the source of another. A service mark is the same as a trademark except that it distinguishes the source of a service.

Users can use the symbols TM [trademark] and SM [service mark] to alert the public to their claim of rights to a mark, regardless of whether an application has been filed with the U.S. Patent and Trademark Office. However, the federal registration symbol ® can only be used after the mark is officially registered and not even while an application is pending with the U.S. Patent and Trademark Office:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

www.uspto.gov

[toxicsoul]

To follow up on Tempest's post?

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From www.uspto.gov?

Trademarks > Basic Facts > Should I register my mark?

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.

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.

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But if you have the time and cash, it's always better to protect your investment, but keep in mind there are a lot of parameters that may need to be met before registered status is granted. And the more unique the better, the more general the harder it is to lay claim. I have a client that tried to trademark a name and they were rejected at first due to the simple nature of their name, they were to told to keep using it, fostering ownership and thus were finally granted registered status after a few years. This is not always the case.

[Power_Play]

[rightS For Artists] has a pretty good definition of this.

http://www.rightsforartists.com/definitions.html