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Trademark Symbols ®, ™, ℠ – Which One Can You Use?Navigating the world of trademarks for your product or service can be difficult, but wholly necessary to protect your assets. Luckily, throughout the entire registration process, you have different options for protecting your brand in the form of trademark symbols. The three symbols that can be used are the circled R (®), the little capital letters TM (™), and the little capital letters SM (℠). The circled R (®) can only be used once your good or service has been successfully registered, but the SM (℠) and TM (™) symbols can be used for common law protection while your application is pending. What Does Each Symbol Mean?Determining how and when to use each symbol begins with understanding what they mean. The circled R can only be used once you have a federal registration. This means you’ve applied for it and received a trademark registration from the US government.
When Do I Use Each Symbol?Registered Trademark (®) – after registration is approved You are not allowed to use the circled R before you receive the registration. If you apply for the trademark and then begin using the circled R, it can be grounds for the government to deny the trademark application, because using that circled R is actually a violation of federal law unless you own the trademark registration. Trademark (™) – when claiming rights to a good without a registration The ™ symbol is to be used when claiming rights to a good without a trademark registration. It can offer common law trademark rights to the user of the symbol and is the correct symbol to use in the interim while waiting for your registered trademark application to be approved. Service Mark (℠) – when claiming rights to a service without a registration The ℠ symbol is to be used when claiming rights to a service without a trademark registration. The use of this mark is similar to that of the ™ except that it is used when claiming a service as your own. This is also a symbol to be used while waiting for your registered trademark application to be approved. In our conversation, we tend to use the word “trademark” to refer to both trademarks and service marks. The term “service mark” isn’t used very often as it is more of a technical thing. But if you are offering a service and wish to claim rights in your trademark, the SM mark is the technically correct symbol for your situation. How Do I Use Each Symbol?Where should the symbol be placed when using it on a logo or mark? All three trademark symbols should be placed in the top right corner following the mark in question. In the case that you choose to use regular-sized typography, it is acceptable to place the symbol immediately following the mark. Should you use the symbol on your trademark application? The trademark registration application is strictly for the asset you wish to mark so it should not include any official trademark symbol. If it is included in your application, this would be flagged as unable to register and would require a trademark office action to address. If the application uses the ® symbol, it would result in a rejection due to a violation of federal law. It is against federal law to use the ® symbol before you receive a registered trademark. Don’t make this mistake! The guidance of an experienced trademark attorney would flag this in your application and prevent rejection. If your trademark is registered abroad, can you use the symbols in the U.S.? If your trademark is registered outside of the U.S., you cannot use the ® to denote a registered trademark in the U.S. Simply put, in order to use a ® symbol in the United States, your mark must be registered with the USPTO. Once you’ve got an understanding of when and where to use the trademark symbols, their application is fairly straightforward. However, if you’re ever in doubt or looking for guidance in the trademark application process, turning to an experienced attorney like Gerben Law is always a great idea. Is a word letter or symbol associated with a specific company or product?The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
What protects the creative work of authors composers and artists?Copyright protects the original literary and artistic creations of all types of authors, such as writers, composers, software developers, web designers and many other creators.
Which of the following relates to business dealings involving companies in more than one state?interstate commerce, in U.S. constitutional law, any commercial transactions or traffic that cross state boundaries or that involve more than one state.
When a business has control of the market for a product or service?A monopoly exists when one supplier provides a particular good or service to many consumers. In a monopolistic market, the monopoly, or the controlling company, has full control of the market, so it sets the price and supply of a good or service.
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Which of the of the following protects a word letter symbol associated with a company or product?
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