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That's true, as I understand it. But if he was claiming a trademark on the name he'd need to put the "TM" after the name. (Not the R-in-a-cirlce, that's only fo
by robterrell 15y ago
That's true, as I understand it. But if he was claiming a trademark on the name he'd need to put the "TM" after the name. (Not the R-in-a-cirlce, that's only for trademarks that have been registered.) But this stuff has lots of corner cases and I don't pretend to understand it all. More info: http://www.uspto.gov/faq/trademarks.jsp#_Toc275426672 http://www.uspto.gov/faq/trademarks.jsp#_Toc275426672
- brlewis 15y agoIANAL either, but my understanding is that you have common-law trademark rights from the time you start using the name in interstate commerce, whether you add TM or not.
- rayiner 15y agoThis is correct. It's easier to enforce a registered trademark, but common law trademark rights are all based on likelihood of confusion, which is present here.