Trademarks + The Law Archives - Page 7 of 8

Common Mistakes with DIY Federal Trademarks

October 8, 2020 by Michael Kondoudis

Many believe that Federal trademarks are a DIY project and make the mistake of filing their own applications or worse using a self-directed filing service. This can be a costly mistake because it’s really easy to make a filing mistake that you cannot fix later.

The reason: Federal trademarking is a complex Federal legal matter that involves making dozens of legal decisions and judgment calls – many of which are interrelated. Plus, the U.S. Patent and Trademark Office has too many rules to count.

Consequently, there are literally hundreds of ways your DIY Federal trademark application might be rejected. Nonetheless, self-filed applications are easy to spot because they share many of the same mistakes.

Here are some of the most common traps for DIY Federal trademark applications:

1. You identified the incorrect applicant/owner. You are required to apply in the name of the owner of the trademark. Legally, the owner is the person or entity (e.g., corporation, partnership, LLC) who will be using the mark. Many DIYers make the fatal mistake of using their name, their DBA, or the company owner’s name – instead of the company’s legal name.

2. You ask for too little protection. Your trademark application needlessly includes (1) unregistrable elements; (2) articles such as “the,” and (3) claims to color. All of these extra elements narrow the scope of a Federal trademark.
Relatedly, you include an overly narrow listing of products and/or services in your application.

3. Your mark is too close to another Federal trademark. Your trademark is too close to another Federal trademark. Beware: the USPTO measures similarity based on sight, sound, and meaning, as well as any similarity of products or services. So, “Bob’s Burgers” may be too close to both “Robert’s Fast Food” and “Burgers by Bob”, for example.

4. Someone else has already registered the trademark. The USPTO won’t register your mark if someone else has already registered it.

Your brand is important. Avoid costly mistakes by working with our team.

5. You picked the wrong filing basis. Your trademark application indicates that you are using your trademark, but you either (1) submitted unacceptable/insufficient “specimens” of use; or (2) you only have an “intent” to use your mark for the products or services listed in your application.

6. Your trademark is “merely descriptive.” Brand names that describe a function, a feature, or a characteristic of products or services are rarely registrable. This is the most common rejection made at the USPTO. Too many DIYers don’t understand that the listings of products and services in their applications contribute to this problem but can also avoid/overcome this problem.

7. Overpayment of Government filing fees. You paid all of the USPTO filing fees up front, even for products or services that have no hope of being approved for reasons 1-6 above. The USPTO filing fees are not refundable and can add up quickly. An experienced trademark attorney can help you minimize your risk of overpayment.

Applying to protect your trademark is just not a DIY project. If you file your trademark application yourself, you’ll probably do it wrong. In addition, you’ll be more likely to secure only partial protection and overpay the official fees.

So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, and save yourself time and worry.

Because your brand is worth it.

Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Product Name: The ULTIMATE GUIDE

September 21, 2020 by Michael Kondoudis

If you are selling your own product, you need to know how and when to trademark your product name to make sure that you legally own it and no one can take it from you.

By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name.

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of a product?

That’s where trademarks come in. In fact, this is some of the same information that we use to get trademarks for our clients.

CONTENTS

I. THE BASICS OF TRADEMARKS FOR PRODUCTS

II. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

III. HOW TO TRADEMARK A PRODUCT NAME

IV. WHEN TO TRADEMARK A PRODUCT NAME

V. HOW TO PROTECT A PRODUCT NAME

VI. SUMMARY OF TRADEMARKING PRODUCT NAMES

VII. FREQUENTLY ASKED QUESTIONS

1. THE BASICS OF TRADEMARKS FOR PRODUCTS

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product. Trademarking your product name is official confirmation that you legally own it. Trademarking your product name will give you exclusive rights to use it and prevent others from using the same or similar name in your industry. Trademarking the name of your product is the best way to protect it.

What is a trademark?

A trademark is a distinctive word, symbol, or phrase that identifies products from one enterprise and distinguishes them from products from the competition. Trademarks protect names, especially the names of products. Buyers use trademarks to pick among brands of products.

Where do you get a trademark for your product name?

You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these:

2. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

Product names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition. After all, your product name is how most customers will identify and remember your products. That’s why trademarking a name, including trademarking a product name, is so important and why you want to ensure that your product name is protected.

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons to trademark a product name:

1. Exclusivity

2. Legal Ownership

3. Ensure Distinctiveness

4. Cost-Savings Over Time

5. Deterrence

6. Value

1. Exclusivity. Trademarking your product name gives you the exclusive right to use it. Typically, only one business can use a product name in an industry, and it is usually the one that trademarks the product name first.

2. Legal Ownership. When you trademark a product name, no one else in your industry can register it, take it from you, and force you to rebrand. Here again, typically only one business can own a product name in an industry, and it is usually the one that trademarks the product name first.

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your product name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your product name without permission.

5. Deterrence. When you trademark your product name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your product name and can help you enforce your rights if someone uses your product name without permission.

6. Value. Having a registered trademark for your product name can also make it easier to sell or license it because potential buyers or licensees will know that they can use the name without the risk of infringing on someone else’s rights.

These are important advantages that can help a forward-thinking business.

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other businesses may use your product name and you won’t be able to stop them. As a result, imitators can benefit from your product’s goodwill, and you name may become worthless if too many companies use your name.

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your trademark?

Should you trademark a product name?

Yes, you should register a trademark for the name of a product. There are many benefits that come with trademarking a product name. It gives you exclusive rights to use that name or logo. This means that other businesses cannot use it with their products. It will also prevent anyone else from registering a trademark for the name and taking it from you. Trademarking your product name can also help you build brand recognition and credibility.

3. HOW TO TRADEMARK A PRODUCT NAME

Trademarking a name, especially a product name, involves federal law and legal procedures. Plus, every path to trademark registration is different. Still, every successful trademark for a product name involves the same seven steps.

Seven steps for trademarking a product name

Choose a Unique and Protectable Brand Name for Your Product
Hire a Trademark Attorney for Your Product Name Trademark
Perform a Trademark Search for the Name of Your Product
Collect the Required Information and Develop Your Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

The key to getting a federal trademark is to start with a unique and protectable name (i.e., one that is trademarkable). This name should be able to distinguish your product from other products on the market. It should also be easy for customers to remember and pronounce.

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable?

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. (think: EXXON for oil or LYFT for ride-sharing). Another option, if you’re looking to trademark a product name, is to use words that are unrelated to your product. (think: Apple for computers or Amazon for online retail).

A third option if you’re looking to trademark a product name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your product. (think: SNUGGLE for dryer sheets or IRISH SPRING for soap).

Lastly, if you’re looking to trademark a product name, try to avoid using descriptive or generic names or terms. These product names are difficult to trademark and tend not to be unique by their very nature. (think: “speedy” for delivery services or “sweet” for candy).

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney. In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

2. Hire a trademark attorney for your product trademark

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware: Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

3. Perform a trademark search for the name of your product.

Before you can trademark your product name, you need to ensure that it’s not already been trademarked by another business. You can do this by conducting a trademark search for your brand name. This search will help you find out if any similar or identical trademarks are already registered.

This is a crucial step in the trademark registration process.

Why?

First, you want to make sure that your trademark is not already in use by someone else. Second, searching through existing trademarks can give you a better understanding of what is already out there and help you develop a more unique and original trademark for your business. Finally, if you do not search for similar trademarks before filing your application, you risk having your application denied or your trademark being declared invalid.

Additionally, if you have already started using your trademark in commerce, it is important to search to make sure that you are not infringing on someone else’s intellectual property. If you infringe, you could face legal action and be forced to stop using your trademark.

THE USPTO’S TESS SYSTEM

The objective here is to ensure that your product name is not similar or easily confused with someone else’s mark. This, in turn, can help you avoid any potential legal issues down the road and help you to ensure that your trademark is protectable and unique.

Beware: These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account.

You will need to provide the USPTO with precise information, including:

The legal owner and user of the product name
The legal use basis for your trademark application
The products and services with which the product name is used (or will be used)
Proper legal evidence of your use of the product name (not every use qualifies)

Mistakes in this step are among the top reasons that the USPTO rejects trademark applications. Also, the USPTO severely limits changes to applications after they are filed. As a result, many mistakes cannot be corrected – even some spelling errors.

6. Navigate the application process at the USPTO

The USPTO will review your trademark application to make sure it meets all the requirements for registration. They will also examine your product name to determine if it is similar or could be confused with an existing trademark. This examination process can take several months, so it is important to ensure that there are no mistakes in your application.

Beware: The USPTO has, for many years, a perpetual backlog of applications. This means that it will be several months before a trademark examiner looks at your trademark and examines it. The current backlog is over six months, and the entire trademarking process takes about 12 months on average to complete.

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays. – mention strategic calls here

Do you need help with your trademark?

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for federal trademarks only – after you have a federal trademark registration.

Select a strong, protectable name.

The key to getting a Federal trademark is to first select a name that’s a strong trademark.

Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

Start by trying to include an invented word (Exxon^®). If that does not work, then …
Try to use a word that has no association with your products or services (Amazon^®). If that does not work, then …
Try words that allude to your products and services (Netflix^®).
Always try to avoid away from using only words that:

- are generic for a product or service;
- are often used in business or industry;
- only describe characteristics and features; or
- are already part of everyday speech.

If you don’t know whether your mark is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney. In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

Check the availability with a trademark search for similar marks.

The next step is to determine if your product name has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your product name is not similar or easily confused with someone else’s mark.

For all of these reasons, and others, it’s usually best to have an attorney run your trademark search.

Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

Read More: Why you should consider using an experienced trademark attorney.

Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

7. FREQUENTLY ASKED QUESTIONS

1. Can product names be trademarks?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos, including product names, when they are used on goods and with services.

3. Do you trademark or copyright a product name?

You trademark brand names, like the names of products. Copyright laws protect original artistic/creative work. Trademark laws protect items that distinguish or identify a particular business or its products or services from the competition.

4. Does a trademark protect a product name?

Yes, a trademark protects a product name. Trademarks protect brand names and logos, including the names of products. That is why you can trademark a product name.

Trademark law protects a product name from being used by other businesses. This is to ensure that customers can easily differentiate between products and know which company created the product. If another business were to use the same product name, it could create confusion among customers and lead to them purchasing the wrong product.

5. When should you trademark a product?

You should start the process to trademark a product as soon as possible after you form your DBA, LLC, or corporation. The next best time to trademark a product name is as early as possible before you launch your product. By filing for a trademark well before launch, you can be certain that your product name is protected once you begin commercial sales. The worst time to start the trademark application is after launch because your product will be sold without full brand protection.

Ideally, the best time to think about trademarking a product is from the very beginning—ideally, when you’re choosing your business name and logo and forming your LLC, partnership, or corporation. The next best time is as soon as you decide on a product name or logo. You do not have to wait until you start selling your product! In general, it is a good idea to trademark a product before it goes on sale to the public, as this will give you the greatest level of protection against infringement.

If you are unsure of whether you should trademark your product, you can always consult with an experienced trademark attorney who can help you assess your situation and make the best decision for your business.

6. How do I trademark a product name?

To trademark a product name, you’ll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark. Once the application is filed, it will be reviewed by an examining attorney to ensure that it meets all the legal requirements for registration. If it does, the mark will be published in the Official Gazette, and anyone who believes they would be harmed by the registration of the mark will have an opportunity to file an opposition. If no one files an opposition, or if the opposition is unsuccessful, your mark will be registered and you’ll be able to use it to brand your product.

7. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

It can help you establish and protect your brand identity.
It can help you distinguish your products from those of your competitors.
It can help you build customer loyalty and goodwill.
It can give you legal recourse if someone else uses your product name without permission.
It can help you avoid costly disputes down the road.

TAKE THE NEXT STEP

The next step toward LEGALLY owning your product name?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your product name, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Top 5 Ways to Care for and Protect a Federal Trademark

September 14, 2020 by Michael Kondoudis

Knowing how to care for and protect a Federal trademark doesn’t need to be difficult.

Yes, it takes some time and attention. But, if you want your Federal trademark to be there for you and your brand in the years to come, you can get started on that—and make significant progress—right here today. Never forget that you are responsible for properly using and maintaining your trademarks!

Trademarking your brand is a smart business decision. Keeping your Federal trademark alive and in force is just as important.

Here are the top 5 steps to take to make sure that your Federal trademark continues to provide the highest level of protection for your brand and your business:

Use the mark exactly as it appears on the Certificate of Federal Registration.
Don’t stop using your trademark.
Keep your registration in good standing at the S. Patent and Trademark Office.
Be sure to use the ® trademark symbol with your mark.
Protect your trademark from infringers.

Use the mark exactly as it appears on your Certificate of Federal Registration from the USPTO.

It is fundamental to use the trademark registered with the U.S. Patent and Trademark Office. This means using the same exact words, colors, spacings, shapes, and punctuation. Any alteration in how you use a trademark could hurt your trademark rights

This may seem obvious, but one would be surprised how often changes/alternations creep into a trademark over time. Those alterations can, in turn, undermine the distinctiveness of a mark, which weakens it. So, from time to time, it is a good idea to compare your mark with the Official Certificate from the USPTO.

Also, you need to use your exact trademark to renew it (see below).

We can help you keep the trademark that you worked so hard to get. Contact us today.

Don’t stop using your trademark.

You’ll need to continue using your trademarks on the products and services listed in your Registration Certificate. When there is a break in the use of a trademark, questions of abandonment arise. These questions can undermine enforceability and your ability to protect a Federal trademark.

Also, you need to use your trademark or have a very good reason to renew it (see below).

Keep your registration in good standing at the U.S. Patent and Trademark Office.

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.

These dates for renewal are listed on your registration certificate and they’re vitally important. If the documents are not filed by the due dates, your registration will be canceled and cannot be revived or reinstated. The most important deadlines for most registrations are at the 5- and 10-year anniversaries.

@ Five Years

You’ll need to file a Declaration of Continued Use. This states that you’re still using your mark. You’ll need to do this to continue your trademark rights.
Also, you may want to file a Declaration of Incontestability if you have used your mark continuously and consistently. Incontestability means that your brand is strong and easier to legally protect. It also makes it easier to protect a Federal trademark.

@ Ten Years

You’ll need to file a Declaration of Continued of Use. Again, this states that you’re still using your mark.
You’ll also need to file an Application for a Renewal.

Be sure to use the ® trademark symbol with your mark.

Trademark symbols are an important way to announce that your trademark is backed by the Federal government. If you haven’t already, you should immediately transition from the “TM” symbol to the ® symbol. This includes your mark on social media, all advertising and promotion, and especially your website.

The symbol lets the world know that your brand is protected nationally by Federal law.

Of course, if you aren’t using a symbol – start!

Protect your trademark from infringers.

As unpleasant as it can be, finding infringers and asserting trademark rights is the key to the long-term health of any trademark. Permitting other businesses to use the same or similar marks risk less protection and even unenforceability of trademark rights.

While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

Two strategies to find businesses using a similar trademark are (1) to set up a Google Alert (link to alerts.google.com) and (2) periodically search the USPTO’s trademark database (link to USPTO database).

If a similar brand comes up, then it’s time to consider having a trademark law firm prepare and send a trademark cease + desist letter.

A properly maintained Federal trademark may last forever – if you use it and keep it in good standing. If you don’t, someone else can take it.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

When Should You Apply for a Federal Trademark?

September 7, 2020 by Michael Kondoudis

Figuring out when your business should apply for Federal trademarks doesn’t need to be hard to figure out. Most businesses should apply as soon as possible.

Federal law allows you to apply before you even start your business. In fact, about 50% take advantage of these provisions.

The Federal trademarking process can take up to a year (you’re working with the Federal government after all!). So, starting earlier rather than later minimizes the time you’ll be selling without protection.

There are many advantages to applying as soon as possible. Here are the top 5 reasons:

You can identify potential roadblocks for your brand early.
It will begin discouraging others from using even similar brands.
It will start putting the Federal government to work for you.
You’ll enjoy some instant credibility.
You will start the clock towards the incontestability of your trademark.

1. You can identify potential roadblocks for your brand early. Every trademark application is reviewed by the U.S. Patent and Trademark Office. The sooner you file, the sooner you’ll receive word about possible conflicts with competitors, registration issues, or other problems that may require choosing a different trademark.

1000’s of trademark applications are filed every day. Don’t wait. Start yours today.

2. It will begin discouraging others from using even similar brands. Every application is added to the Federal trademark database, which is the primary source for all trademark searches. This means that your competitors will find it when they conduct their trademark searches.

3. The U.S. Patent and Trademark Office will start rejecting applications for the same or similar marks. More importantly, from the very day your application is filed, the USPTO is required to reject later filed applications for trademarks that are the same or similar to yours. 24/7 protection is automatic.

4. You’ll enjoy some instant credibility. Only a Federal registration gives you the legal right to use the ® symbol, which tells the world that you take your business and brand seriously.

5. You will start the clock towards the incontestability of your trademark. After five years of use, your Federal trademark protection becomes incontestable. This means that it cannot be challenged based on earlier or competing use by others. You are the owner – end of story. The value of incontestable status cannot be understated because it supercharges your ability to enforce your rights.

The Bottom Line

On an average day, about 1,000 new trademark applications are submitted to the USPTO. If another business files an application for a trademark that is similar to yours and they file before you, you’ll face an uphill battle to keep your mark. Don’t wait.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark Your Logo

August 31, 2020 by Michael Kondoudis

Logos are some of the most effective branding tools. They are more than just pretty pictures for customers to look at while they use a product or service.

The best logos are a visual shorthand for everything your brand stands for, including the products you offer, the services you provide, and your company culture or message. A logo taps the human preference for visuals.

Names and logos are the cornerstones of almost every brand. If you have a logo, it is likely the cornerstone of your brand. That’s why you need to protect it. But how?

That’s where trademarks come in. A Federal trademark provides many nationwide protections and ensures that your brand is exclusively yours. Plus, a few reasonable proactive steps can go a long way to safeguarding and securing your brand.

Whether you’ve been running a successful business for years, just started a business, or are considering launching one, here’s what you need to know:

The single best way to protect a trademark is with a Federal trademark registration.

A Bit About Trademarks and Protecting Your Logo

Logos, like all trademarks, represent brands. They help customers find the products and services that they like and distinguish a business’s products and services from the competition.

Trademarking your logo gives you the exclusive right to use it. If you don’t, then your competition can use it, or one that is really close. Also, only one business can own a brand in an industry. Typically, it’s whoever trademarks it first.

If someone else trademarks your logo first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your trademarks.

Here’s how to start the process:

Check the availability of your product name as a trademark
Collect your information and decide on a strategy for your Federal trademark application
Prepare and file your new application (correctly)
Start using the right trademark symbol with your product name

1. Check Availability with A Trademark Search for your Logo

The very first step is to determine if your logo has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

It is not easy to search the Federal trademark database for logos. This is because the USPTO indexes logos and designs using codes for every visual element. You’ll need to know all of the codes for the elements in your logo, which gets really complicated. Also, exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark.

That’s why it’s best to have an attorney run your trademark search. It needs to be done correctly to make sure that your logo is available before you start using it. Otherwise, you can be sued or forced to rebrand. Plus, any trademark applications you file (see below) will be denied, and you won’t be issued a refund. And, trademark applications aren’t cheap. So, it’s really important to make sure that you run the search correctly.

Get a customized trademarking strategy for your brand and legal help every step of the way. Contact us today.

2. Collect your information and decide on a strategy for your Federal trademark application

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start, without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

whether you should claim the color(s) in your logo;
whether there are any descriptive aspects that could unnecessarily limit your protection;
if your drawing be acceptable
which products/services should be included in your application and which ones should be excluded; and
the correct filing basis for their application.

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

3. File your Trademark Application with the United States Patent and Trademark Office.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

4. Start Using the Right Trademark Symbol With Your Logo

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Trademark Symbols TM, SM, ® – An EASY GUIDE

June 24, 2020 by Michael Kondoudis

This is my easy-to-read guide to trademark symbols.

In my over 20 years of experience as a trademark attorney, trademark symbols have been one of the most frequently asked – and misunderstood – aspects of trademarks. I hope to change that.

In this all-new guide, you’ll learn:

We’ll also answer some frequently asked questions (FAQs) about trademark symbols, including:

Section I: The Basics of Trademark Symbols

- - What is a Trademark Symbol?
  - What is a trademark?
  - What do Trademark Symbols do?
  - Do you have to use a Trademark Symbol?
  - Why should you use a Trademark Symbol?

Section II: The Trademark Symbols

- - How many Trademark Symbols are there?
  - What are the Trademark Symbols?
  - Examples of Trademark Symbols
  - What do the Trademark Symbols mean?
  - What does the ® Trademark Symbol mean?
  - How to pick the correct Trademark Symbol
  - How to get the ® Trademark Symbol

Section III: Where to Put Trademark Symbols

- - Where is the best place to put a Trademark Symbol?
  - Where do you put a trademark symbol on a logo?
  - Where do you put a trademark symbol with a phrase?
  - Where do you put a trademark symbol on a product?

Section IV: When to Use a Trademark Symbol

- - When should you use a trademark symbol?
  - How often should you use a trademark symbol?

Section V: Trademark Symbol Usage Guidelines

Section VI: Frequently Asked Questions

So, if you want to learn about trademark symbols, read on – this guide is for you.

PART I: The Basics of Trademarks and Trademark Symbols

In this section, we’ll explore the basics of trademarks and review the three trademark symbols – what they are and what they do.

What is a Trademark Symbol?

A trademark symbol is a visual indicator that the name, logo, phrase, or character next to it is a trademark.

• A trademark symbol identifies your trademark.

• A trademark symbol helps customers recognize your trademark.

• A trademark symbol warns competitors that you claim ownership of the mark.

• A trademark symbol tells customers and competitors if your trademark is registered with the U.S. Patent and Trademark Office.

There are three trademark symbols. The three trademark symbols are a (®), TM, and SM. These trademark symbols signify trademark rights. They are typically used in superscript next to a trademark.

The trademark symbol TM stands for trademark and is used next to unregistered trademarks. The TM symbol is a mark that represents goods, such as automobiles, appliances, and clothing.

The trademark symbol TM is a symbol for a trademark that represents goods, like apparel, cars, microwaves, and watches. The trademark symbol TM is usually used with unregistered trademarks. The TM symbol indicates that you are claiming rights to trademark next to it. The trademark symbol ™ is the most common and recognizable trademark symbol.

The trademark symbol SM stands for service mark and is used next to service marks, which promote a service. The SM symbol is a mark that represents services, such as dental services, house cleaning, and consulting services.

The trademark symbol ® stands for registered and is used next to trademarks that have been registered with the U.S. Patent and Trademark Office.

You can use a trademark symbol at any time. The key is to use the right one in the right way. The answer to the question “What is the proper trademark symbol?” depends on (1) whether you are selling a good or a service and (2) the status of a trademark application with the US Patent and Trademark Office. All of this (and more) is discussed below.

Remember: A trademark symbol tells people that the name, logo, phrase, or character next to it is a trademark.

What is a trademark?

Trademarks are badges of origin that distinguish the products or services from one organization from the competition. They can take many forms. Names, phrases, symbols, and logos can be trademarks if they identify your goods or services.

Trademarks are also a marketing tool that helps customers identify the products and services that you sell from those sold by your competition. They let people know that they are buying the “genuine article” — your product or service. Names (words), logos, and slogans/catchphrases are the most popular kinds of trademarks. Trademarks represent brands.

Related: Complete Guide to Trademarks

Some of the most famous trademarks are:

• the names GOOGLE® and AMAZON®
• Nike’s slogan JUST DO IT®

• the letters IBM® and AT&T®
• the numbers 501® (for Levi’s jeans)

What do Trademark Symbols do?

We use Trademark symbols to accomplish three important jobs.

1. Trademark symbols provide “public notice” that deters imitations. Trademark symbols warn competitors about which names, phrases, symbols, and logos that you claim as trademarks. In this way, trademark symbols warn competitors not to copy or imitate your trademark and let everyone know that you claim trademark rights in your brand.

2. Trademark symbols help consumers recognize your trademarks. Trademark symbols identify the visual cues (e.g., names and logos) that you want your customers to seek out.

3. Trademark symbols tell competitors and customers that you registered your trademarks with the U.S. Patent and Trademark Office. This means that they come with exclusive national rights and protections under Federal law.

Do you have to use a Trademark Symbol?

No, there is no legal requirement to use a Trademark Symbol. The use of a Trademark Symbol is entirely optional. You do not need to use a Trademark Symbol, and not using a Trademark Symbol will not invalidate your trademark rights. However, there are many good reasons to use a Trademark Symbol with your trademarks.

Why should you use a Trademark Symbol?

Every time you use your trademark, you have the option to use a symbol with it. There is no requirement to use Trademark Symbols. Still, it’s a good idea to use Trademark Symbols for several reasons.

1. Using Trademark Symbols conditions consumers to start looking at your trademark as your brand. This is a meaningful way to introduce your brand to consumers.

2. Using Trademark Symbols lets the competition know you’re claiming the trademark as yours. This is an effective way to ward off potential copying by competitors.

3. If you do not use a trademark symbol, you can lose out on certain money damages like lost profits.

Trademark symbols help the buying public recognize trademarks. A trademark symbol tells consumers that the word, logo, or catchphrase preceding the symbol is a trademark.

If you have a Federal trademark registration for your brand, you should definitely use a Trademark Symbol because it lets consumers and competitors alike know that you have a Federal trademark, which is the highest level of brand protection.

Do I have to use a trademark symbol?

Trademark owners often ask “do I have to use a trademark symbol?” The answer is no. Use of a trademark symbol is not mandatory.

PART II: The Trademark Symbols

In this section, we’ll review the three trademark symbols, including what they mean and when to use them.

How many Trademark Symbols are there?

There are three trademark symbols.

What are the three Trademark Symbols?

The three symbols are:

• the capital letter R, which is usually shown in a circle (®);

• the capital letters TM, which are usually shown in superscript (™); and

• the capital letters SM, which are usually shown in superscript (℠).

What are some trademark symbol examples?

Examples of the registered trademark symbol for names and phrases

• Twitter®

• America runs on Dunkin’®

• Pepsi®

Examples of the registered trademark symbol for logos

What do the Trademark Symbols Mean?

The TM and SM symbols indicate that your trademark is not yet registered with the U.S. Patent and Trademark Office. In contrast, the ® symbol means that your trademark is registered. The ® is only for trademarks that have been federally registered with the U.S. government. This means that you have filed an application with the U.S. Patent and Trademark Office and have received a trademark registration certificate.

Let’s explore each of the symbols in more detail.

TM symbol meaning

TM stands for trademark. Trademarks are marks used with goods, such as cell phones, clothing, software, and juice. The letters TM mean that a name, word, logo, or phrase is an unregistered trademark, which means that it is not registered with the U.S. Patent and Trademark Office. If you are selling goods, you should use the TM trademark symbol to identify your unregistered trademark, including names, logos, and phrases.

Who can use the TM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the TM symbol immediately – as soon as you start using a trademark to brand a product. This means you can use the TM symbol the first time you use your trademark. You do not have to wait to use the TM symbol.

When should you use the TM Trademark Symbol? You should use TM before you have filed your application with the USPTO and while your application is being considered. Use of the circle R or (®) symbol is reserved for registered trademarks. You are not allowed to use the “circle R” before you receive the registration.

How do you use the TM symbol? You use the TM symbol to identify an unregistered trademark. The TM symbol is most often placed in the upper right-hand corner (for word marks) or the lower right-hand corner (for logos). There is some flexibility, but the key is to put the TM symbol immediately next to the trademark.

SM symbol meaning

SM stands for service mark. Service marks are marks used with services, such as legal, dental, restaurant, and entertainment services. More specifically, the letters SM mean that a name, word, logo, or phrase is an unregistered service mark, which means that it is not registered with the U.S. Patent and Trademark Office. If you are offering services, you should use the SM trademark symbol to identify your unregistered service mark, including names, logos, and phrases.

Who can use the SM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the SM symbol immediately – as soon as you start using a service mark to brand a product. This means you can use the SM symbol the first time you use your service mark. You do not have to wait to use the SM symbol.

When should you use the SM Trademark Symbol? You should use SM before you have filed your application with the USPTO and while your application is being examined. Again, the circle R or (®) symbol is reserved for registered service marks.

® or “R” symbol meaning

® (or “R” in a circle) stands for registered trademark. Registered trademarks are enhanced trademarks that come with increased protections and rights. More specifically, the registered trademark symbol means that a name, word, logo, or phrase has been registered with the US Patent and Trademark Office.

When can you use the registered trademark “R” symbol? Use of the registered trademark symbol “R” is reserved for Federal trademarks only and can only be used after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the US government.

When should you use the ® Trademark Symbol? You should use the ® symbol after the U.S. Patent and Trademark Office has issued a federal registration for your trademark. Again, the circle R or (®) symbol is reserved for registered trademarks only.

How do you use the registered trademark symbol? You use the registered trademark symbol (®) to identify a registered trademark. There is some flexibility in how you use any trademark symbol. Still, you typically put the registered trademark symbol (®) immediately next to the trademark and in the upper right corner for words and the lower right corner for logos.

ProTip

When in doubt, use the TM trademark symbol. In the trademark industry, we use the word trademarks to refer to both trademarks and service marks. As a result, the term “service mark” and the symbol SM are not often used. So, you can use the trademark symbol TM for both trademarks and service marks.

How Do You Pick The Correct Trademark Symbol?

The correct Trademark Symbol depends on what you are selling and whether you have registered your trademark. So, the answer to the question “what is the right trademark symbol?” is “it depends.” This easy-to-understand guide explains the basics of trademark symbols, which trademark symbol is right for you, and how to pick the right trademark symbol.

Picking the correct trademark symbol for your situation comes down to answering two questions:

Question #1 – Have you have registered your trademark with the U.S. Patent and Trademark Office?

- - - If the answer is “yes,” then you should use the ® symbol, regardless of whether you are selling services or goods. The ® symbol is reserved for registered trademarks only (applying for a trademark isn’t enough).
    - If the answer is “no,” then you ask yourself:

Question #2 – Are you selling a service or a physical good, or both?

- - - If you sell services only (e.g., dentistry, coaching, consulting, entertainment), you can use the SM trademark symbol. SM means “service mark” and it is used by businesses offering services rather than physical goods.
    - If you sell physical goods only (e.g., shoes, cars, pencils, BBQ sauce), you can use the TM trademark symbol. TM means “trade mark” and issued by businesses offering physical goods rather than services.
    - If you are selling both services and physical goods, you can use the TM trademark symbol.

Tip: You can use the TM trademark symbol for both goods and services. You can only use the SM symbol for services.

A Comment About Trademark Registration. While unregistered trademarks provide limited common law protection, registration provides several advantages, including greater rights and evidentiary benefits in court. Read more about the advantages of Federal trademark registration.

How do you get the “circle R” or ®?

The only way to legally use the ® is a trademark symbol is to go through the trademark registration process at the U.S. Patent and Trademark Office. The trademark registration process includes the following steps:

Performing a trademark search: This ensures that you aren’t infringing on anyone else’s trademarks.
Completing an application: The following filing requirements must be satisfied, as well as the payment of a non-refundable government fee.
Responding to Office Actions: If your trademark application is denied, you’ll receive a letter describing the issues.
Publication: After your application has been accepted, it will be published in the Official Gazette for a period of time.
Registration: If no one objects to your trademark or seeks an extension to object, you will receive a registration certificate approximately six months after publication.

PART III: Where to Put Trademark Symbols

In this part, we’ll go over how to use trademark symbols, including where to place them with a trademark. We’ll also cover when to use trademark symbols in various media.

How to use a trademark symbol?

There is some flexibility regarding how and where to use a trademark symbol (TM, SM, or ®). Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itself—each is an acceptable way of displaying the relevant symbol. While there is no specific requirement regarding the font or size of these symbols, they are often placed adjacent to the mark, in superscript (raised) font, for example, COCA-COLA^®.

Where to put a trademark symbol?

You may put a trademark symbol anywhere around your trademark. There is no one right place. Instead, there is some flexibility. You may place TM, SM, or ® anywhere around your trademark. Still, it is customary to place a trademark symbol after the trademark and on the right side.

Where is the best place to put a trademark symbol?

The best place to put a trademark symbol is close to your mark, regardless of whether your trademark is a name, word, phrase, or logo.

Where exactly does a trademark symbol go?

For names, words, and phrases: The most common place to put a trademark symbol for a name, word, or phrase is in the upper-right corner. In fact, in nearly all cases, trademark symbols (whether it is TM, SM, or ® ) are placed at the top right corner of a trademark. Also, it is common to use superscript for a trademark symbol.

For logos and designs: The most common place to put a trademark symbol for a logo or design is at the logo is in the lower right corner.

Where do you put a trademark symbol on a logo?

For logos, it is best to place the trademark symbol on the right side of the logo. It is best to locate the TM, SM, or ® directly after the mark and near the bottom of the logo. Alternatively, you can put the TM, SM, or ® in the logo.

Where do you put a trademark symbol with a name or phrase?

For word marks, including names and slogans or catchphrases, it is customary to place the trademark symbol on the right side of the mark. Also, it is best to locate the TM, SM, or ® directly after the mark and at the upper right in superscript.

How should you use a Trademark Symbol in writing?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it looks like the symbol is at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the upper right corner of the logo or at the upper right side of the logo.

How should you use a Trademark Symbol on a product?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it locates the symbol at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the logo or at the upper right side of the logo.

To summarize the correct placement of trademark symbols

Proper trademark symbol usage involves two main rules.

First, pick the correct trademark symbol.

Second, put the symbol in the right place so that it (1) identifies your trademark and (2) notifies the public that you claim ownership of your trademark.

Location matters for trademark symbols.

TM symbol placement

You put the TM symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

R symbol placement

You put the R symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

PART IV: When to Use a Trademark Symbol

In this part, we’ll explore when to use a trademark symbol with your trademark and how often you need to use a symbol.

When to use a trademark symbol?

You should use a trademark symbol when you want to let consumers and competitors know that you claim ownership of your mark. They provide public notice or “trademark notice” and serve as visual cues that help identify your trademarks. Also, you can use a trademark symbol every time you use your trademark.

You may use a trademark symbol anywhere around your trademark, although most trademark owners put the symbol in a superscript or subscript to the right of their trademark.

You can use “TM” for goods or “SM” for services. After you have registered your trademark, you can use an ® with the trademark (regardless of whether you sell goods or services).

Do you have to use a trademark symbol every time you use a trademark?

No. You are not required to use a trademark symbol every time you use a trademark. Instead, you can usually focus on using the symbol the first time the mark appears, in the most prominent place the mark is used (e.g., in a heading), or both. Repeated use of trademark symbols can become cluttered. A Trademark Symbol does not have to be used every time a trademark is used.

How often should you use a Trademark Symbol?

As a general rule, it is best to use a Trademark Symbol in the first prominent mention of a trademark in the text of a web page or written documents like articles, press releases, promotional materials, and the like. It is not necessary to use a Trademark Symbol every time used every time the mark appears. This avoids distraction and clutter.

When exactly should you use a Trademark Symbol?

You should use a Trademark Symbol at the first or most prominent mention of a trademark. Again, it is not necessary to use a Trademark Symbol every time used every time you use your trademark. One good, conspicuous use of the proper Trademark Symbol is usually all that is required.

Using a trademark symbol in text

1. In print materials (press releases, articles, and company reports)

For shorter printed materials (closer to 1-2 pages), using a trademark symbol with the first instance of the mark is sufficient. For extended printed materials, it is typically advisable to use the trademark symbol at least once per page in which the mark appears. Also, if there is an opportunity to use the trademark symbol with the trademark in a header or footer, all the better.

1. In websites and mobile apps

On the web, it is typically advisable to use a trademark symbol in the header or footer on every page that relates to your product or service.

1. On social media

The guidelines for using trademark symbols on social media are usually more relaxed. Most businesses only use a trademark symbol in their username/bio, cover image, or thumbnail.

PART V: Guidelines for Using Trademark Symbols

Trademark Symbol Usage Guidelines

The keys to using trademark symbols are: (1) choosing the correct symbol; (2) putting the symbol in the right place; (3) using the symbol consistently; and (4) using the symbol frequently. This is the case regardless of whether you are using TM, SM, or ®.

1. Use the TM trademark symbol for marks that brand goods and SM for marks that brand services. If your mark brands both products and services, use “TM.

2. Use the TM or SM trademark symbols for unregistered trademarks, including while your application for registration is still pending in the U.S. Patent and Trademark Office.

3. Only the ® trademark symbol with Federally registered trademarks. Do not use the registered trademark symbol unless you have a trademark registration.

4. If your trademark is a name, word, or phrase, put TM or ® at the right side corner of your wordmark. Often, superscript is used so that it is in the upper-right side corner.

5. If your trademark is a logo or design, put TM or ® on the right side of your wordmark (names, terms, phrases) and in subscript so that it is in the lower-right corner. Alternatively, you can put the trademark symbol in the logo.

6. Don’t mix trademark symbols. Pick the right one for your trademark and situation and stick with it. There is no legal benefit to switching between trademark symbols.

7. Always consider using a trademark symbol the first time your mark appears or in the most prominent use of your trademark.

Following these trademark symbol usage guidelines is important because it lets consumers and competitors know you’re claiming your trademark. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark. Then, after you register your trademark with the US Patent and Trademark Office, you can use an ® with the trademark.

PART VI: Frequently Asked Questions About Trademark Symbols

In this section, we’ll answer some of the most frequent questions peopel have about trademark symbols.

1. What is the difference between TM and SM?

The SM Trademark Symbol indicates a trademark for services, such as landscaping, coaching, and legal services. In contrast, the TM Trademark Symbol indicates a trademark for goods., such as mobile apps, phones, bread, and hammers.

Examples of Service Marks “SM”

- AMERICAN EXPRESS
- UNITED AIRLINES
- FACEBOOK

Examples of Trademarks “TM”

- CRAFTSMAN
- MACBOOK
- NIKE

The trademark symbols TM and SM are not the same.

2. Which trademark symbol should I use?

It depends on whether you have a federal registration for your trademark. Read about all of the advantages of Federal trademark protection here.

If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.

3. What does the TM trademark symbol mean?

The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: ^TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.

4. What does the SM trademark symbol mean?

The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: ^SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.

5. What does the ® trademark symbol mean?

The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans. Read more about when and how to use Trademark Symbols here.

If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark. This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO). Until the USPTO issues your official registration certificate, you should not use the ® symbol.

A word of warning. It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.

6. What is a symbol for a trademark?

A trademark symbol is a sign used to say that the trademark next to it is a trademark. Trademark symbols are visual cues that signal that the name, logo, phrase, or design that precedes it is a trademark.

7. What do trademark symbols look like?

The three trademark symbols are:

1. the letters TM
2. the letters SM, and
3. the letter R in a circle — ®

8. Can you use a Trademark Symbol?

Yes, anyone who has a trademark can use a Trademark Symbol to identify it. It is crucial, however, to use the correct Trademark Symbol. Follow this link to our easy guide to picking the correct symbol for your trademark.

9. Can you use the TM symbol?

Yes, anyone who owns a trademark can use the TM symbol. Also, a trademark owner may use the TM symbol regardless of whether they have applied or have a trademark registration.

10. Can you use a trademark symbol without registering your mark?

Yes, any trademark owner can use the TM symbol at any time. You don’t have to ask for permission or have the approval of the US Patent and Trademark Office. In fact, a trademark owner can continue to use the TM symbol even if the US Patent and Trademark Office rejects their trademark application.

11. What does TM mean?

The letters TM stand for “trade mark” and are a trademark symbol for unregistered trademarks – names, phrases, logos, and slogans – that have not been registered with the U.S. Patent and Trademark Office. The TM symbol is notice of your ownership of an unregistered trademark. Importantly, the TM symbol is used with trademarks for goods – not services. If you are selling goods, such as coffee, clothing, cell phones, and cars, then you would use the TM symbol with your trademarks.

12. What does SM mean?

The letters SM stand for “service mark” and are a trademark symbol for unregistered service marks – names, phrases, logos, and slogans – that have not been registered with the U.S. Patent and Trademark Office. The SM symbol is notice of your ownership of an unregistered service mark. Importantly, the SM symbol is used with marks for services – not goods. If you are selling landscaping, custom cake decorating, accounting, or coaching services, then would use the SM symbol with your marks.

13. What does the ® mean?

The ® (or “circle R”) stands for “registered trademark” and is a trademark symbol for registered trademarks and service marks (trademarks or service marks that have been registered with the U.S. Patent and Trademark Office). The ® symbol is notice of your ownership of a federal trademark registration and all of the national legal rights that come with it. Importantly, the ® symbol is reserved for Federal trademarks only – after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the U.S. government.

14. Why should you use a Trademark Symbol?

Firstly, using a trademark symbol lets customers know what you claim as your trademark. This, in turn, enhances brand recognition and makes it easier for customers to find your products and services.

Secondly, using a trademark symbol lets competitors know what you claim as your trademark. This tends to reduce potential infringement issues by deterring copycats.

Thirdly, promoting your brand increases its value and recognition. Why would you want to keep your trademark a secret?

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademarks, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Why You Should Trademark Your Business Name or Your Logo

June 16, 2020 by Michael Kondoudis

Most businesses need to trademark both their business name and logo. They are the cornerstones of almost every brand.

If you plan on being in business for any amount of time, you’ll be building a brand. You need to trademark your name and logo because they represent your brand.

Your brand is WHO you are, WHAT you do, and WHY you do it. It’s how consumers will first encounter your business. It will also be a common thread throughout your marketing. Your website, business cards, and invoices will all reflect it.

What is a Trademark?

Trademarks represent brands. Names, logos, phrases (slogans) are the most common types. They all help customers find the products and services that they like, which helps make them repeat customers.

Trademarks help customers recommend products and services to their friends, which is free marketing.

Trademarks convey stability, trust, and tap the human preference for visuals, making your marketing more effective and less expensive.

Why should you protect your Business Trademarks?

Trademarking your name, your logo, a phrase (slogan), and hashtag gives you the exclusive right to use them. If you don’t, then your competition can use them. Only one business can own a brand in an industry. Typically, it’s whoever trademarks it first.

If someone else trademarks your name or logo first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your trademarks early – even before you start actual use.

The single best way to protect a trademark is with a Federal trademark registration.

What should a business Trademark?

In business, you can build your brand around your name, your logo, a phrase, and a hashtag.

Each of these will require their own individual application, so you’ll pay separate fees for each one. For this reason, most people don’t trademark them all at the same time.

Here’s how to figure out which ones to protect first:

1. Trademark Your Business Name or Product Name for Production

Your company or product name is almost always the most important thing you can protect. It will be the foundation of your brand. If you choose wisely, you can trademark the name in any font, color, and style. That means you can stop copycats using any variation of the name.

We almost always recommend trademarking the name.

2. Add the Logo

Your company or product logo is almost as important as the name. Many successful brands rely on their logos alone.

If you trademark your logo, no one in your industry can have a similar design. That helps make a brand distinctive.

Logos make marketing easier, and social media more effective.

3. Consider Your Slogan or Motto

If you have a great slogan, consider how it conveys your brand. If you feature it in your advertising, you should trademark it. Slogans can often be more distinctive than a name (e.g., Nike’s Just do it^®, and McDonald’s I’m loving it^®).

If you trademark your slogan, no one in your industry can use a similar phrase.

4. Don’t Forget the Hashtag

You can also trademark your hashtag. If you do, competitors in your industry won’t be able to use a similar hashtag. If you’re building a community with a hashtag, you may want to protect it.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Why You Need a Trademark Attorney in 2021

June 10, 2020 by Michael Kondoudis

According to the Wall Street Journal, Federal trademark applications filed by a trademark attorney are 50% more likely to be approved than those filed by applicants on their own. Plus, you’ll be more likely to secure more protection and avoid overpaying the Official fees.

Applying to protect your trademark is just not a DIY project. If you file your trademark application yourself, you’ll probably do it wrong.

Don’t be fooled – it’s more than just filling out online forms. That is the easiest part of the process.

The Federal trademarking process involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices.

The reasons are simple enough.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The many decisions you will need to make are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.

Also, Federal Trademark Law is intricate, and the U.S. Patent and Trademark Office’s Rules are specific, unforgiving, and severely limit how you can change your application after submission. So, if you are going to try your luck and guess at the right answers, think again.

In this article about why you need a trademark attorney, we’ll discuss some of the reasons why you do not want to go it alone at the USPTO.

Seven Reasons Why You Need a Trademark Attorney

1. You’ll increase your probability of success by up to 50%
2. The USPTO will not give you legal advice and cannot give you a break
3. The USPTO encourages you to hire a trademark attorney
4. 80% of All Applications Require a Response to the USPTO
5. You’ll avoid overpaying the non-refundable Official filing fees
6. You’ll save time
7. You’re Running a Business, Not Learning Law

1. You’ll increase your probability of success by up to 50%.

No less than the Wall Street Journal reports that Federal trademark applications filed by trademark attorneys are 50% more likely to be approved than those filed by applicants on their own. That article (link) is based on 25 years worth of USPTO data. The data also shows that the applicants using a trademark attorney to reply to Examiner objections are almost 70% more likely to succeed than applicants who try to go it alone.

2. The USPTO will not give you legal advice and cannot give you a break.

The U.S. Patent and Trademark Office forbids its Examiners from giving legal advice. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you have a trademark attorney.

You will still be required to meet every rule and requirement, even if you don’t know or understand them. The USPTO cannot give you a break. Ask yourself, do you feel confident that you know:

What is and what is not protectable?
What is a legal disclaimer, and when is it proper?
When is it best not to claim the colors in your logo?
What is the supplemental register?
What qualifies as a specimen of use for your products (and what does not)?
What are the legal requirements for a substitute specimen?
How to apply du Pont factors to measure trademark dissimilarity?

A trademark attorney can help you navigate these legal complexities.

3. The USPTO strongly encourages applicants to seek legal advice.

Because the Federal trademarking process is so complex, the USPTO encourages all applicants to consider hiring a trademark attorney:

“A private trademark attorney can help you before, during, and after the trademark application process…. an attorney may save you from future costly legal problems… [and] can help you navigate the application process to provide optimal protection of your trademark rights, by, for example, accurately identifying and classifying your goods and services, and preparing responses to any refusals to register that an examining attorney may issue.”

Remember, the USPTO cannot give you legal advice!

4. 80% of All Applications Require a Response to the USPTO

All applications for Federal trademarks are examined by the USPTO for compliance with many legal and procedural requirements. Applications are only granted after the USPTO determines that all of these requirements are met.

Most applications are initially denied, however. You can be denied for any one of hundreds of reasons. Sometimes, it’s a simple fix – if you know what you’re doing. Other times, you’ll need to submit a legal argument based on legal research and case citations. This is where DIY applicants get into trouble.

Trying to respond to the USPTO on your own fails more often than it succeeds. Plus, it is very easy to make a problem much worse if you don’t know exactly what you are doing. That’s where an experienced trademark attorney matters.

5. You’ll avoid overpaying the non-refundable Official filing fees

No one likes to overpay their taxes. The same is true for trademark filing fees.

Every trademark application requires a filing fee, which is calculated based on the content of the application. The USPTO categorizes every product or service that you can sell into one or more of 45 classes and will compute a filing fee for each class that your application involves. These filing fees are not refundable and can amount to $1000 or more – depending on the products and services listed in your application.

An experienced trademark attorney can make sure that you only pay for approved classes and that you avoid paying for those the Examiner rejects.

6. You’ll save time

Trademark Examiners work under severe time constraints and are required to meet strict quotas. In many cases, the Examiners are willing to try to negotiate applications to allowance so that they can get easier credit towards their quotas. Examiners are most willing to negotiate with trademark attorneys because they can send us offers without the need to take the time to explain all of the Federal Laws, USPTO Rules, and Court decisions involved. We already know them.

The Federal trademarking process routinely takes between 8-12 months. Working with a trademark attorney can help ensure that you are closer to the 8-month timeframe and not the 12.

7. You’re running a business, not learning trademark law

Federal Trademark law is complex. The USPTO has too many rules and procedures to count. It takes years to learn how the trademarking process works. You can’t dependably rely on hope and luck. There are a lot of attorneys who can’t even do it.

It’s better to focus your skills where they’re most needed: running your business.

Final words

For these reasons (and many others that are far beyond the scope of this article), the U.S. Patent and Trademark Office’s encourages applicants to work with a trademark attorney. So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry.

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your company name, book a free brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Types of Intellectual Property: Trademarks, Copyrights, and Patents

June 2, 2020 by Michael Kondoudis

Trademarks, copyrights, and patents are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights. Here’s how to tell them apart when deciding how to protect your company’s assets:

Types of Intellectual Property: Trademarks vs. Copyrights vs. Patents

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyrights are administered by the Copyright Office of the Library of Congress.

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

How Do Trademarks, Copyrights, and Patents Work?

Consider these examples:

Example: Imagine that you have invented a new kitchen gadget that everyone wants to buy. Using intellectual property law to protect your hard work, you would:

(1) Apply for a patent at the U.S. Patent and Trademark Office for your new “device”

(2) Apply for a Federal trademark to register and protect the brand name of the gadget

(3) Apply for a Federal copyright registration to protect the TV infomercial selling the gadget

Example: Consider your home computer.

The mechanisms inside are most likely protected by one or more patents. Anyone who makes any of the computer’s patented mechanisms during the term of a patent would be liable for patent infringement.

The computer’s instruction manual and software code are most likely protected by one or more copyrights. Anyone who makes a copy of either of these “works of authorship” during the term of the copyright would be liable for copyright infringement.

The name of the computer is most likely protected by a registered trademark. So long as the name continues to be used to identify a source, the user of any mark that is even likely to be confused with the name of the computer would be liable for trademark infringement.

DC Trademark Attorney

Amazon Best-Selling Author • 20+ Years Experience • Member, Bar of the U.S. Supreme Court

2500+ Trademarks and Patents

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Federal Trademarks: Protecting Your Brand

May 28, 2020 by Michael Kondoudis

If you plan on being in business for any amount of time, you’ll be building a brand.

Brands are important.

Trademarks represent and protect brands.

Trademarks help customers find the products and services that they like. They also help customers recommend products and services to their friends. Plus, trademarks convey stability, trust, and tap the human preference for visuals.

For all of these reasons, trademarks have value. That is why you need to know how to protect yours.

Trademarks can be protected at three levels – common law, State, and Federal. Each offers very different protections with some significant limitations.

Understanding these differences and limitations shows why Federal trademarks are best.

Common law

These trademark rights do not require registration with any governmental agency. They are very limited because they:

extend only as far as the areas where the trademark is actually used;

do not extend to the Internet; and

are easily trumped by State and Federal trademarks.

State trademarks

These trademark rights are granted by respective States. But, like common law rights, they are limited because they only extend to the borders of a State.

Federal trademarks

Federal trademarks provide nationwide protections along with important legal presumptions like ownership and validity. These protections make enforcing your trademark rights easier and more effective.

Here are just a few ways that Federal trademarks offer superior protection.

They Put the Federal Government to Work for You

The U.S. Patent and Trademark Office will immediately begin rejecting

applications for trademarks that are similar to yours. In fact, the USPTO is legally required to refuse them.

They Come with a Legal Presumption of Ownership in All 50 States

A Federal trademark comes with a nationwide legal presumption of ownership of your trademark, along with an exclusive right to use it and access to Federal courts to protect it.

They Provide Enhanced Protection on Social Media

Social media services like Facebook, Instagram, and Twitter have policies in place to protect brands against abuse – provided that you can establish ownership. A Federal trademark makes establishing ownership a mere formality.

They Provide Enhanced Protection on the Web

When you secure a domain that includes your trademark, all of the legal protections and presumptions that accompany Federal trademarks apply to your web address.

They are Required to Access Amazon’s Brand Registry

The Amazon Brand Registry is an important and powerful brand protection tool. When you enroll, Amazon will look for and stop trademark violations. Amazon’s Brand Registry is limited to Federal trademarks, however.

Federal Trademarks Make You Stand Out in a Crowd With the ®

Only owners of Federally registered trademarks are legally permitted to use the ® sign. This symbol is an attention grabber, in both the offline and online worlds.

They Reduce Future Trademark Problems

Registration adds your mark to the Federal trademark database, where it will be found by competitors searching for new names. They will have strong incentives to steer far clear of your Federally registered mark or face Federal litigation and money damages.

Trademarks are the foundation of every successful brand. Remember – people have relationships with brands, not products. The single best way to protect your brand is with a Federal trademark registration.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

Your brand is important. Avoid costly mistakes by working with our team.

If you are selling your own product, you need to know how and when to trademark your product name to make sure that you legally own it and no one can take it from you.

What is a trademark?

Where do you get a trademark for your product name?

What kinds of product names can be trademarked?

Top Six Reasons to Trademark a Product Name

Top Four Risks of Not Trademarking A Product Name

Should you trademark a product name?

Seven steps for trademarking a product name

1. Choose a unique and protectable brand name for your product

2. Hire a trademark attorney for your product trademark

3. Perform a trademark search for the name of your product.

4. Collect Information and Decide on a Trademarking Strategy

5. File a Trademark Application for Your Product Name

You will need to provide the USPTO with precise information, including:

6. Navigate the application process at the USPTO

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Read more: Read our guide to trademark symbols here.

Select a strong, protectable name.

Check the availability with a trademark search for similar marks.

Collect your information and decide on a strategy for your Federal trademark application.

Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Start using your mark and use it with the right trademark symbol.

1. Can product names be trademarks?

2. Does a trademark protect a product name?

3. Do you trademark or copyright a product name?

4. Does a trademark protect a product name?

5. When should you trademark a product?

6. How do I trademark a product name?

7. What are the benefits of trademarking a product name?

The next step toward LEGALLY owning your product name?

Use the mark exactly as it appears on your Certificate of Federal Registration from the USPTO.

We can help you keep the trademark that you worked so hard to get. Contact us today.

Don’t stop using your trademark.

Keep your registration in good standing at the U.S. Patent and Trademark Office.

Be sure to use the ® trademark symbol with your mark.

Protect your trademark from infringers.

1000’s of trademark applications are filed every day. Don’t wait. Start yours today.

The Bottom Line

A Bit About Trademarks and Protecting Your Logo

1. Check Availability with A Trademark Search for your Logo

Get a customized trademarking strategy for your brand and legal help every step of the way. Contact us today.

2. Collect your information and decide on a strategy for your Federal trademark application

3. File your Trademark Application with the United States Patent and Trademark Office.

4. Start Using the Right Trademark Symbol With Your Logo

PART I: The Basics of Trademarks and Trademark Symbols

What is a Trademark Symbol?

What is a trademark?

What do Trademark Symbols do?

Do you have to use a Trademark Symbol?

Why should you use a Trademark Symbol?

Do I have to use a trademark symbol?

PART II: The Trademark Symbols

How many Trademark Symbols are there?

What are the three Trademark Symbols?

What are some trademark symbol examples?

What do the Trademark Symbols Mean?

TM symbol meaning

SM symbol meaning

® or “R” symbol meaning

How Do You Pick The Correct Trademark Symbol?

How do you get the “circle R” or ®?

PART III: Where to Put Trademark Symbols

How to use a trademark symbol?

Where to put a trademark symbol?

Where is the best place to put a trademark symbol?

Where exactly does a trademark symbol go?

Where do you put a trademark symbol on a logo?

Where do you put a trademark symbol with a name or phrase?

How should you use a Trademark Symbol in writing?

How should you use a Trademark Symbol on a product?

To summarize the correct placement of trademark symbols

TM symbol placement

R symbol placement

PART IV: When to Use a Trademark Symbol

When to use a trademark symbol?

Do you have to use a trademark symbol every time you use a trademark?

How often should you use a Trademark Symbol?

When exactly should you use a Trademark Symbol?

Using a trademark symbol in text