Legal Question in Intellectual Property in California
Trademark alternative?
I am constantly experimenting with new ideas/businesses. Since most of my ideas/businesses don't actually materialize, when I had spoken to my IP Lawyer a few months ago and she had said that when I don't trademark all my new business logos/names I should at least consider doing something else to it. I *think* she said I should add the letters RM instead of TM. She suggested it provided some level of protection if I documented first use, although it was nowhere near as good as a trademark but atleast it was something. Since I can't find what I had written down when she told me the letters, can someone tell me what are the letters she suggested I put (is it RM? or something else)?
3 Answers from Attorneys
Re: Trademark alternative?
I would ask your IP attorney for a quick written memo so you have all of the recommendations you paid for. For those readers in the cheap seats, what is probably being referenced is that using the designation "TM" you are indicating that you are claiming a common law trademark protection. This is not as "good" as federal trademark registration (the R in a circle is only allowed to indicate you have a federally registered mark), in particular because the common law protection only protects the image/mark in the limited geographical area where it is being used. Moreover, there are presumptions of rights and other advantages of a federal mark. The common law protection is a alternative here because it does offer limited rights until it can be determined that the price of applying for a federal mark is warranted.
Re: Trademark alternative?
Trademarks are only one small aspect of protection of ideas and intellectual property. Often how you protect ideas depends on what the idea is. You may use copyrights, you may use trade secret law, you may get a patent, or a provisional patent, or find other ways to protect your rights including contractually. It may be a complex legal and strategic analysis to decide how to protect your intellectual property. This is one of my favorite areas of law and you may contact me, without disclosing your ideas, to discuss what I may be able to do for you.
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Re: Trademark alternative?
You've already got a lawyer... who's advised you on this. (It was probably to put either TM or SM on materials) (these indicate common-law (unregistered) trade- and service-marks, respectively.)
Call her up and ask her!
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