Legal Question in Intellectual Property in California

Re: When to use the TM and R markes

In the U.S., you can and should use the (R) when a trademark is registered at the US Patent & Trademark Office.

TM is a way to designate to the world (until the registration is issued) that you intend to retain exclusive ownership interests in the trademark, name, words or logo. While it is not usually required, it is a good way to provide notice that you intend that the brand name will be exclusively yours.

In print ads, it is always important that the trademark (company name and/or product name) STAND OUT as a trademark.

Rules & Recommendations

1) CAPITALIZE your mark.

2) Use the word "brand" behind the mark when used in a sentence.

3) Never refer to the trademark in its generic sense, instead, use the proper name of the item which the trademark is used.

Examples: "Put BAND-AID brand adhesive strips on your boo-boos."

Drink COKE(R)

Try JELLO (R) brand gelatin.

Alternatively you may wish to use an asterisk next to the mark and include a small notice at the bottom of the ad, e.g., (c) Anderson & Shippey 2001, "Crowded World of Words" and "WE PROTECT IMAGINATION" are trademarks of Anderson & Shippey.

We regularly review and approve advertising copy for our trademark clients.

For more information, visit our site:

www.brandxperts.com or call (949) 754-3048.