Symbol Trademark - what is a trademark symbol and when should it be used
Symbol: Trademark - what is a trademark symbol and when should it be used
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Trademarks
The most effective way to safeguard you against people "trading off" your business name, product or service, is to register a trademark. For more information, including about the justweb® trade mark, please read our
trademark registration article.
People are often confused by how, when and even IF you should display a trademark symbol.
First of all, you are permitted to display the ™ symbol even if you don't have a
registered trademark.
For example, you may have a unique service in which you believe you have a
common law trademark - that is, you believe it to be your intellectual property.
For example, "Coastal Fudge Bark" could be a chocolate product you make and you
want to make it known that you have a common law trademark covering that
specific name.
A common law trademark could also be a unique "tagline", such as displayed underneath your business name,
for example "Great results - minimum outlay".
However, the ™ symbol is most often used to denote a registered trademark.
You are
also entitled to display the ® symbol to show the name (or logo) actually
holds a trademark registration. This is a much more powerful "statement", and
shows you have taken the necessary steps to secure your own trademark, warning
others not to attempt to "trade off" your name, logo, or intellectual
property. The symbol must be located immediately after the trademark name
or logo.
It is very important to note that you CANNOT under any circumstances display the
® symbol UNLESS you have a registered trademark.
Showing a copyright notice would also make it much harder for a defendant to be
successful in court using the excuse of "innocent infringement".
However, the result of the Berne Convention is that it is not legally necessary to
display a copyright notice.
In HTML, the ® symbol is quite large and obtrusive, so in your text based
content, you may choose to display ™, or you can show an asterisk (*). The
asterisk is then explained elsewhere on the page. For example, justweb*
*justweb is a registered trademark in Australia #1246825
The relevant trademark characters are mapped in Unicode and available on Windows systems in
superscript by entering in the following keystrokes and codes.
To be really
sure about your use of the trademark symbol, it would bode you well to seek the services of a professional trademark
attorney. justweb™ uses and recommends the services of:
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16.07.2009
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