Question

Topic: Branding

Do I Have To Trademark Every Mention Of My Brand?

Posted by Anonymous on 10/12/2005 at 12:21 PM ET 125 Points
When creating marketing material we have an on-going dilemma if the brand is mention 5+ times in one paragraph and 30+ times throughout the piece - do we trademark every instance? We came to the agreement that we would trademark in all headlines and first mention in body copy, other than that is it necessary? Are there standards for these trade marking usage issues?
To continue reading this question and the solution, sign up ... it's free!
SUBSCRIBE
Or, SIGN IN

RESPONSES

  • Posted by michael on 10/12/2005 at 12:35 PM Accepted
    "Have to" and "should" are different. The issue is that you trademark something because you don't want others to use it without giving you credit. So, if you end up in court and say "we don't always use (TM)" then how will the case be decided? Could go either way. If you ALWAYS use it, there's no question.

    I'm not a trademark attorney, but is it too difficult to (TM) after each mention?

    Michael
  • Posted on 10/12/2005 at 1:15 PM Accepted
    This is a good article on proper trademark usage including first prominent use:

    Use It or Lose It: Seven Easy Tips for Proper Trademark Usage
    https://www.icma.com/info/ProperTMusage5605.htm

    Judy

  • Posted on 10/12/2005 at 1:38 PM Author
    Thank you all for your prompt response, your help is much appreciated
    Warm regards,
    Lisa™
  • Posted on 10/12/2005 at 1:39 PM Author
    Thank you all for your prompt response, your help is much appreciated
    Warm regards,
    Lisa™
  • Posted by wnelson on 10/12/2005 at 6:28 PM Member
    Lisa,
    I'm a little late with this information...hopefully it will still be helpful. Legally, you don't have to use the mark every instance. See point 7 on this page on the International Trademark Association's website. They have lots of other information on trademarking and usage.

    https://www.inta.org/info/basics_marking.html

    I hope this is helpful.

    Wayde
  • Posted by Markitek on 10/13/2005 at 7:32 AM Member
    First use is the only time you need it.
BACK TO TOP

Post a Comment

Related Discussions

Community Info

Top 25 Experts
(Branding)