Legal Question in Intellectual Property in California
Guerilla Advertising / Trademarks
Our company has determined we could invest more time in exposing and promoting our small online company by way of both online and physical advertising.
With the regard to physical advertising, we intend on having a small team post flyers and bills throughout several large cities in our state. These would be simple, standard letter size paper sheets, with our name and website on them. These flyers will be stapled on wooden power line poles and or glued to metal surfaces.
Our question is if we need to include a TM or � or � beside our logo on these flyers?
We have already submitted our applications for registration, although we prefer not adding the special characters on our flyers in this form of guerilla advertising. We would prefer clean flyers without the special characters, but also do not want any infringement issues.
Since these are not bus bench ads, or billboards (which are professional), the format of our advertising is purely illegitimate, asking the question what protection we should enforce - if any needed at all.
--and in the case the biggest legal issue is posting flyers on city property - please let us know--
1 Answer from Attorneys
Re: Guerilla Advertising / Trademarks
You probably SHOULD include a TM notice (very small type is ok) next to the logo, to be clear that you're claiming ownership of the design and mark.
As for copyright notice... it's a good idea, but not strictly necessary, though your remedies may be limited if someone infringes and you haven't included the notice.
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