No --
Putting TM next to a mark is in indication that you are claiming trademark rights in the mark.
There is no such thing as a "trademark pending" sort of symbol.
The (r) should be used solely for registerd marks, but if you don't want to register a mark you can rely on common law rights of first use and notice (using with the tm symbol)
I recently prepared a trademark application for a bank whose dates of first use nearly predeated the civil war. -- Trademark rights are createted by use not by registration
Kinj
Under Section 45 of the Trademark Act, 15 U.S.C. 1127, defines "commerce" as "all commerce which may lawfully be regulated by Congress." Section 45 defines "use in commerce" as follows:
The term "use in commerce" means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce--
(1) on goods when--
(a) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and
(b) the goods are sold or transported in commerce, and
(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.
From this it should be clear that engaging in some kind of trivial sale solely for the purpose of registering is inadequate. It should also be seen however, that ongoing sales is not required either.
To "use" the new name "in commerce" sufficient for registration providing a web page with the software for download should be sufficient -- and when I download and install the software it displays (or associates) the mark with the software -- this is sufficient to meet the use requirement--
In addition, the sin qua non of trademark rights is use -- If you have a new mark that you want to make yours, and you've confirmed that it's avalable (don't go offering your kodak brand open source project) USE IT! And mark it as such that you are claiming rights Mark(TM) Open sourcde software -- There is no requriement that you register your trademark but there are clear benefits to doing to.
If you have further questions regarding availability and the registration processlet me know --
I want to sign the first legally binding Last will and testament online. Too late -- a will was the first document signed under the Utah DigSig Act...but what will the notary public's do? They will demand large fees from you to pay for their licensing "this bad bad biz process patent">
Slashdot Mirror
No -- Putting TM next to a mark is in indication that you are claiming trademark rights in the mark. There is no such thing as a "trademark pending" sort of symbol. The (r) should be used solely for registerd marks, but if you don't want to register a mark you can rely on common law rights of first use and notice (using with the tm symbol) I recently prepared a trademark application for a bank whose dates of first use nearly predeated the civil war. -- Trademark rights are createted by use not by registration Kinj
Under Section 45 of the Trademark Act, 15 U.S.C. 1127, defines "commerce" as "all commerce which may lawfully be regulated by Congress." Section 45 defines "use in commerce" as follows:
The term "use in commerce" means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce--
(1) on goods when--
(a) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and
(b) the goods are sold or transported in commerce, and
(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.
From this it should be clear that engaging in some kind of trivial sale solely for the purpose of registering is inadequate. It should also be seen however, that ongoing sales is not required either.
To "use" the new name "in commerce" sufficient for registration providing a web page with the software for download should be sufficient -- and when I download and install the software it displays (or associates) the mark with the software -- this is sufficient to meet the use requirement--
In addition, the sin qua non of trademark rights is use -- If you have a new mark that you want to make yours, and you've confirmed that it's avalable (don't go offering your kodak brand open source project) USE IT! And mark it as such that you are claiming rights Mark(TM) Open sourcde software -- There is no requriement that you register your trademark but there are clear benefits to doing to.
If you have further questions regarding availability and the registration processlet me know --
Kinj
I want to sign the first legally binding Last will and testament online. Too late -- a will was the first document signed under the Utah DigSig Act ...but what will the notary public's do? They will demand large fees from you to pay for their licensing "this bad bad biz process patent">