View Full Version : Trademark, Servicemark, Copyright

08-15-2004, 10:53 PM
hello, i have recently decided to start a business and diligently reading up on the initial checks and balances. this question is related to trademarks, servicemarks, and copyrights.

does anyone know if you can use these symbols next to your brand before you get it registered? i am also looking to apply for a registered trademark but i would like to know if i can use these in the meantime.

08-18-2004, 09:23 AM
As far as using them, sure. But if you don't plan on registering them, they you probably shouldn't.

If you are planning on doing it, then included it, just so you are sort of protected in visual sense

08-18-2004, 01:29 PM
yes, i plan on registering the service mark and trademark with the uspto. do you recommend FIRST getting both of them registered at the STATE level (i live in california).

i am a small homebased business but thinking bigger picture 5-10 years down the line (this is what writing a thorough business plan does to you) and i want to protect the names i have.

reason: the cost for registering a tm,sm,c, are a lot less at the state level versus federal. AND the process is quicker.

08-18-2004, 01:34 PM
would you mind sharing your source where it says it is "legal" or okay to use the tm, sm, c next to your brand/logo (assuming that you will be registering them with the uspto/state).

thanks again!

10-04-2004, 05:09 PM
You can use the on (or next to) any image or 'intellectual property' you own. It denotes that copyright exists within the work. However, you do not have to display the mark at all (especially in the UK) - ownership of copyright is automatic and enshrined by law.

You can use the mark if you are using a logo (or anything else) in a trademark sense...

>From the UK patent office: http://www.patent.gov.uk/tm/howtoapply/faq.htm

"Am I breaking the law by using "TM" on my trade mark?

No, as this does not indicate that your trade mark is actually registered, only that it is being used in a trade mark sense. You would only be breaking the law (Section 95 of the Trade Marks Act 1994) if you used the registered symbol or the abbreviation "RTM".

As for US rules, well...probably similar. :)

10-14-2004, 12:53 AM
For your web content, you can use the copyright symbol for everything that you personally created. Its best that you post it, because as your site grows in popularity others WILL steal your content. It has happened five times (that I know of) to us already. You can also register your content through the us gov website. I think there is a small fee to do so, but it then gives you a lot more leverage on having your content removed from others if you need to.

10-22-2004, 09:14 PM
I was reading the thread here on Copyrighting and trademarking. I also need to get a logo registered, but in the meantime I have it trade marked with the . Where do I go about getting it registered in addition to a tagline that goes with it (I believe that would be a service mark)?