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#1 2012-02-08 23:21:13
- fruitmanninja
- Scratcher
- Registered: 2012-01-25
- Posts: 500+
Question
Is it illegal to have something say it's Trademarked when it's not. If so, how do I get it TradeMarked?
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#2 2012-02-08 23:22:43
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#3 2012-02-08 23:26:49
Re: Question
Question: Do I have to register my brand name to get trademark rights?
Answer: Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides important advantages. Registering a mark means that the registrant is presumed to be the owner of the mark for goods and services specified in the application. This makes proving your rights easier in court.
However, US federal law also provides rights to unregistered (?common law?) marks if they are actually used in commerce. In addition, each state provides local protection for both registered and unregistered marks under regulations governing unfair competition. Most other countries require prior registration to protect a mark.
If you register a trademark with the PTO, you have rights to the mark only in the United States and its territories. If you want protection in other countries, you must register the mark in each country in which you want to protect it. However, you can file a single trademark application that covers all the European countries. Contact an attorney for help on rights and procedures in other countries.
From http://chillingeffects.org/trademark/faq.cgi.
Or just Google it. 
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#4 2012-02-08 23:38:29
#5 2012-02-08 23:40:24
- cheddargirl
- Scratch Team
- Registered: 2008-09-15
- Posts: 1000+
Re: Question
Everything is better when you add a little cheddar, because when you have cheese your life is at ease
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#7 2012-02-09 01:44:31
- Agentpieface
- Scratcher
- Registered: 2009-10-10
- Posts: 1000+
Re: Question
Freakish wrote:
You can use the ™ and © legally but you can't use the ®.
I thought you can use the ® but can't use the TM and C
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#8 2012-02-09 01:46:17
- nathanprocks
- Scratcher
- Registered: 2011-04-14
- Posts: 1000+
Re: Question
Agentpieface wrote:
Freakish wrote:
You can use the ™ and © legally but you can't use the ®.
I thought you can use the ® but can't use the TM and C
no © and ™ are free to use
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#9 2012-02-09 09:56:42
- veggieman001
- Scratcher
- Registered: 2010-02-20
- Posts: 1000+
Re: Question
Agentpieface wrote:
Freakish wrote:
You can use the ™ and © legally but you can't use the ®.
I thought you can use the ® but can't use the TM and C
Nop, cuz ® is for Registered Trademark.
Posts: 20000 - Show all posts
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#10 2012-02-09 13:42:08
- maxskywalker
- Scratcher
- Registered: 2008-01-27
- Posts: 1000+
Re: Question
You can just trademark something by using ™ symbol if it's not already used. Or you can register it on some .gov website and get to use the ® symbol. It's illegal to use the ® symbol without getting permission for the term from whatever trademark .gov you have to go to. Trademarks only cover names and terms. To prevent legal copy and piracy, use ©, which can only be used legally if you use another .gov site. One of them is as simple as like copyright.gov or whatever, but another is some weird abbreviation.
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