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Displaying a Trade Mark symbol
Message
De
20/07/1998 18:44:49
 
 
À
20/07/1998 13:53:11
Jerry Tovar
Dana Corporation Dana It
Maumee, Ohio, États-Unis
Information générale
Forum:
Visual FoxPro
Catégorie:
Autre
Divers
Thread ID:
00119379
Message ID:
00119506
Vues:
15
>Does this mean the same, (tm), as the R with the circle around it?

What are the rules about display a Trade Mark symbol.


Jerry,

A registered trade or service mark (the R with the circle around it) is a mark that has been recorded with the U. S. Patent office. Its scope is national. A trade mark (tm) or service mark (sm) is one that has been registered with a state office, usually the secretary of state, and its scope is state wide.

I can register "Jurix Data Corporation" in Nebraska as a trade mark, but it has no effect in Iowa. But if I register it with the Patent Office as a "registered" trade mark, it has effect throughout the U.S., dominions and territories, and in the foreign countries (almost all) that recognized U.S. registered trade marks.

In either case, the trade mark is just a notice that says essentially: "I was using this mark first to identify my business, so you can't use it to identiry your business."

You can own a trade mark, and not register it at all -- and it is still a valid trade mark which you can prevent anyone else from using. Most trade mark holders record their marks at least at the state level just to have incontrovertible evidence that they were its first users.

Some states permit you to use the (tm) symbol even though you have not formally recorded to trade mark with the state. Others require that you record it first, and may penalize you if you use the (tm) symbol before your record your trade mark.

In some states a trade mark or trade name is called a "business alias" or "fictitious name" registration. It sounds kind of sinister, but these are just old legal terms for trade and service name/mark registrations.

If you intend to use a trade mark for a business, the first thing to do is have a search conducted to make certain no one else is using it. This can be done by a patent attorney or some of the newere specialist in copyright and trademark law. Then register it locally at the state level. Then when your scope of business goes multi-state, register it nationally.

Some names cannot be registered nationally, but can be registered locally which is why Windows is a (tm), but Microsoft is a circle R. The Patent office does not think the word "windows" is unique enough to be registered.

regards,
Jim Edgar
Jurix Data Corporation
jmedgar@yahoo.com

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