Trademark and registered TM

Jim Owens jow at helix.nih.gov
Thu Nov 17 17:01:29 EST 1994


In article <9411171855.AA04811 at fcs260c2.ncifcrf.gov> , pnh at ncifcrf.gov
writes:
>1.  I was writing a paper that included the brand names of some
materials and
>couldn't figure out what the difference between trademark [TM] and
registered
>trademark [circled R] is. Please tell me. What happens if I use the
wrong one
>in a publication?

I believe a trademark [TM] can be used for anything you give away or sell
or for a name used in trade.  A registered TM is one that has been
registered with the US Patent and Trademark Office.  The registered [TM]
would be easier to enforce, although I do not know if the penalties are
any different.

I doubt there would be a potential problem if you misidentify a
registered TM in a publication.  But then I'm no lawyer.

I remember reading an article about this in MacUser or MacWorld within
the last three years.

Good luck,

Jim Owens
_____________________________________________
Legal advice worth every penny you paid for it.



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