What are some tips for using a trademark or service mark?
Once a mark has been cleared, decide on a steady way in which the mark will appear. For goods, use the mark on the goods themselves or on the packaging of the goods in a prominent manner in which potential customers will see it when deciding whether to purchase the goods. For services, use the trademark and service mark in promotional material and advertising of the services. The mark should be used as an adjective rather than as a name for the services or goods, in order to prevent the mark from becoming commonly known as a generic name for the goods rather than a brand name, and thus a loss of trademark rights. Use a "TM" symbol or "SM" symbol for trademarks or service marks, correspondingly, as a superscript or subscript immediately following the mark. Do not use the "®" symbol without a registration. Separate the mark from the general term for the services or goods, and from any designation of the business name or address, color, using spacing, font size or style, etc.
When can I use the TM or SM symbols?
The "TM" and "SM" designations are usually used as superscripts or subscripts after service marks and trademarks to place the public on notice that rights in the mark are being claimed. These symbols may be used as soon as the mark is in use without any registration of the mark.
When can I use the ® symbol?
The ® designation is reserved to indicate that the mark is registered as Trademark. This symbol should not be used under any circumstances until a certificate of registration has issued on the mark.
Do I need to register my trademark?
No. You should use the "TM" or "SM' designation to indicate that your brand name/slogan belongs to you. The use of TM is a way of informing the world that you have (or you think you have) a protectable trademark.
Rights given to trademark owners
Trademarks are fundamentally limited monopolies over the use of symbols in business. The government grants trademark owners the right to keep out all other businesses from using a similar mark on related services or goods. If someone selling computers uses "apple" Apple Computers has the right to sue immediately in court and force that company to stop using the mark immediately, and without compensation. In fact, they may even be able to make the other party pay monetary compensation for their losses, and have them pay attorneys fees as well. One when selling related products or goods. Because the government can enforce this exclusivity, trademarks are considered assets of a business, and therefore can be licensed or even mortgaged as collateral.
How are Trademark Rights established?
Trademark rights are established through either (1) "actual use" of the mark, or (2) the filing with a bona fide "intent to use" the mark in commerce.
