hi... on my new site, i've developed something that isn't trademarked, but i want to make it look like it is. so i want to put the ™ symbol beside it. now.. is this illegal? does anyone actually give a shit? what are my risks if it is.
using trademark sign when it isnt a trademark
- Thread starter wickedDUDE
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well.. anything that you create is considered 'intellectual property' and is protected by intellectual copyright laws. but this is different... it's a trademark and i'd be usign the trademark symbol, even though it isnt actually registered under any documentation.
From: http://www.oppedahl.com/trademarks/
When may I use TM and when may I use R-in-a-circle (®)?
Under U.S. trademark law, the R-in-a-circle symbol (®) may only be used in connection with a mark if that mark is a federally registered trademark. By "federally registered" we mean that the trademark owner has not only filed a trademark registration application with the US Patent & Trademark Office, but has been granted a registration. In contrast, the TM and SM symbols may be used freely without respect to whether or not there is a federal trademark registration. If you are offering goods or services, you may freely use the TM or SM symbol to denote trademarks or service marks that you use to indicate the origin of your goods or services.
When may I use TM and when may I use R-in-a-circle (®)?
Under U.S. trademark law, the R-in-a-circle symbol (®) may only be used in connection with a mark if that mark is a federally registered trademark. By "federally registered" we mean that the trademark owner has not only filed a trademark registration application with the US Patent & Trademark Office, but has been granted a registration. In contrast, the TM and SM symbols may be used freely without respect to whether or not there is a federal trademark registration. If you are offering goods or services, you may freely use the TM or SM symbol to denote trademarks or service marks that you use to indicate the origin of your goods or services.
Trademarks and copyrights are two different things. Copyrights protect a work you create, such as music, video, book, drawings, etc.
A trademark protects something that uniquely identifies your business, such as a logo, a mascot, a slogan, etc.
You can register both trademarks and copyrights so its on file with the gov't in your country, however even a registered mark can still be disputed in court, and you could lose your trademark or copyright if the entity filing the suit has more money than you.
(at least that's how it is in the US) Same thing goes for patents. None of the things you register (copyrights, TM or patents) are really tried and true until there is a court precedent for it...but having them is better than not having them.
A trademark protects something that uniquely identifies your business, such as a logo, a mascot, a slogan, etc.
You can register both trademarks and copyrights so its on file with the gov't in your country, however even a registered mark can still be disputed in court, and you could lose your trademark or copyright if the entity filing the suit has more money than you.
(at least that's how it is in the US) Same thing goes for patents. None of the things you register (copyrights, TM or patents) are really tried and true until there is a court precedent for it...but having them is better than not having them.- Status