Question

Topic: Copywriting

Appropriate Use Of Trademark Symbol

Posted by behrenfreund on 8/12/2009 at 9:38 AM ET 250 Points
I'm writing a brochure and referencing our company and product name several times. What's correct and appropriate when referencing these names as trademarks. Does the superscript TM need to be placed once in the beginning, each time or not at all when referenced. What's correct?

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RESPONSES

  • Posted on 8/12/2009 at 9:44 AM Moderator
    I am not a trademark attorney, but the approach I've always taken is to use the TM symbol on first use, then not use it again. (It can be very distracting to a reader.)

    I've also seen it done where the only mention of the TM is in a short statement at the bottom of the last page disclosing what is trademarked and who the TM owner is. Not sure if that's really adequate, but I have seen it done that way.

    The real answer (from a non-legal standpoint) is that it doesn't really matter much unless you're prepared to pursue any violation of your trademark rights. That kind of action can be quite expensive (in legal fees), so your best bet is to put the TM notification somewhere in the brochure so you can cite it later, if necessary, but to not sweat the details too much.

    Maybe there's a lawyer out there who can be more definitive or offer a different point of view.
  • Posted by behrenfreund on 8/12/2009 at 10:02 AM Author
    Thanks for the quick response! Agree it's very distracting to note multiple times hence the reason for my question. Appreciate your comments and response.
  • Posted by Gary Bloomer on 8/12/2009 at 10:56 AM Accepted
    Dear Behrenfreund,

    Another way to approach this issue is to eliminate the superscripted ™ from your copy.

    I'm not a lawyer either, but it's my understanding that the ™ mark appears next to an actual logo, not necessarily next to every mention of the company name because ordinarily, it's the logo that's the registered trademark, not the company name.

    You could do away with the ™ mark in every use of the company name (cut out the clutter and all that) and have teeny weeny type at the bottom of the piece somewhere that says something along the lines of XYZ™ is a registered trademark ™ of XYZ Inc. All rights reserved.

    There ought to be nothing preventing Mr. and Mrs. Johnson calling themselves Johnson & Johnson, but what they may NOT do is use the registered trademark of the corporate giant of the same name because there is scope for confusion, and because the legal team of the bigger Johnson & Johnson would be all over the smaller company and generally making life uncomfortable.

    HOWEVER ... a name not being seen as a trademark is not always the case as I found out a few years ago when I wanted to use the name of a character from an animated movie in a development letter for a non profit.

    To be on the safe side I checked with the people from the animation company. They said it was out of their hands and that I ought to deal directly with their parent company, which happens to be one of the largest entertainment concerns on the planet.

    Six weeks later the final word came down from on high: "Thou shalt not use the name of the character, even with attribution, and even with a ™ mark!"

    So that was the end of that.

    I hope this helps.

    Gary Bloomer
    Wilmington, DE, USA


  • Posted by behrenfreund on 8/12/2009 at 11:59 AM Author
    Thanks Gary! Great idea. Like your suggestion of cutting out the ™ mark completely other than the logo and placing a disclaimer at the bottom page.

    Thanks again!
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