3 ms·
In the USA, you can use (TM) without any filing as long as no one else has a claim to your mark. You need to pay and do the filing process for a Registered Trad
by lionhearted 18y ago
In the USA, you can use (TM) without any filing as long as no one else has a claim to your mark. You need to pay and do the filing process for a Registered Trademark, which carries a bit extra weight and allows you to use (R). (TM) is probably fine, and in my opinion - more recognizable. The (R) is good if you're a bit smaller and competitors might consider for gunning for you/misrepresenting.
For instance, Salesforce.com has the (R) going on:
http://salesforce.com http://salesforce.com
Gmail is doing the (TM):
http://mail.google.com http://mail.google.com
My rough intuition is that the bigger you are, the better slapping (TM) on works, even if you're registered. Both (R) and (TM) add credibility, but I think the (R) works better as deterrent to somewhat savvy competitors, whereas the (TM) might be more recognized by consumers. Most people know that TM is trademark, and don't know what (R) means.
- dnball 18y agoIn the US, in order to recover the full spectrum of damages caused by the infringement of a federally registered trademark, the infringer has to be on "notice" that the mark is registered. The "tm" symbol is NOT sufficient notice and should not be used to designate that the trademark is registered.