Johnson and Phung PLLC
Patent and Trademark attorneys
General patent and trademark Information
1. Should a business make use of Trademark and Copyright Symbols
a. Using trademark symbols and copyright symbols provides proper notice
b. Using trademark symbols and copyright symbols creates professionalism
2. How to Make use of the Marks
a. Use trademark and copyright symbols in print
b. Use trademark and copyright symbols on logo
c. Use trademark and copyright symbols online
d. Use trademark and copyright symbols on someone else’s mark
Should a business make use of Trademark and Copyright Symbols
While the use of trademark symbols and copyright symbols are not legally required, it is highly recommended for obtaining crucial benefits to your intellectual property rights.
Using trademark symbols and copyright symbols provides proper notice: Using trademark symbols and copyright symbols puts others on notice that you are claiming trademark or copyright protection. This can help to establish a record in the event of any legal action against unauthorized use of your trademark or copyright.
Using trademark symbols and copyright symbols creates professionalism: Some people may view the use of these symbols as a sign of professionalism, as it shows that you are taking your brand or intellectual property seriously. Trademark Status: The ™ and ℠ symbols indicate an intention to seek trademark or servicemark status, respectively. This can help to establish priority in the event of conflicting claims to the same or similar marks.
Copyright Protection: The copyright symbol (©) notifies others that your work is protected by copyright law and indicates the year of first publication and the name of the copyright owner.
It's important to note that only the registered trademark symbol (®) can be used if your trademark is registered with the U.S. Patent and Trademark Office. Owning a State trademark registration does not grant one the right to use the trademark symbol (®).
In conclusion, while the use of trademark and copyright symbols is not required by law, it can be a valuable tool in protecting and promoting your brand or intellectual property.
How to Make use of the Marks
To summarize, it's recommended to use trademark and copyright symbols in moderation. Overusing them can be annoying and make text difficult to read. A balanced and reasonable use of these symbols can effectively communicate the desired legal protections without being overwhelming.
Use trademark and copyright symbols in print
Include trademark symbols (registered or unregistered) once in your content, such as in a header or introduction. Subsequent references to the mark do not need to include the symbol. The use of copyright symbols is discretionary and can be omitted in the content. This method effectively conveys the intended legal protections without overusing symbols and keeping the content legible.
Use trademark and copyright symbols on logo
The use of trademark symbols in logos should be carefully considered on a case-by-case basis. In some cases, the symbol may detract from the design and be distracting or confusing. However, if it is incorporated thoughtfully into the design process, it can be included gracefully. The goal is to ensure that the symbol does not interfere with the overall appearance and understanding of the logo.
Use trademark and copyright symbols online
It is recommended to use a global footer for both copyright and trademark notices on websites as it is usually unobtrusive and ensures that the notices are included on every page. In online communications that involve personal engagement, it may be preferable to omit the symbols to create a more approachable and personable interaction.
Use trademark and copyright symbols on someone else’s mark
When using a trademark that is registered by another person or organization, the use of the symbol is not mandatory unless specified by agreement. Some people opt to include the symbol as a precautionary measure, but it's recommended to limit its use to avoid potential issues. If possible, multiple references to the symbol should be avoided.
*** Please note that the above information is only general information and should not be considered as legal advice. If you need specific legal advice regarding patent law or trademark law, feel free to reach out to the attorneys at Johnson and Phung for a free initial consultation at our “Contact Us” page at https://mnpatentlaw.com/contact-us/
Johnson and Phung PLLC
We are a Twin Cities patent law firm and Twin Cities trademark law firm that has been committed to helping clients with their Patent, Trademark, and Intellectual Property Law needs in Minneapolis, St. Paul, the Twin Cities metro area, Duluth, Mora, Rochester, Mankato and all of greater Minnesota for over 40 years. All of our Minnesota patent attorneys and trademark attorneys are registered patent attorneys with each having over 20 years of experience."