trade marking "TM"

[pupoholic]

I think with Fender Strat & Tele its (R) registered not (TM).. correct?

I'm confused

[RedHouse]

I think with Fender Strat & Tele its (R) registered not (TM).. correct?

I'm confused

Same thing.

[David Schwab]

™ shows it's a trade mark, while ® shows it's a registered (with the patent office, I guess?) trademark.

[RedHouse]

They are both functionally the same, except (as David said) one is registered, you can go here and find out everything you need to know about Patents and Trade Marks:

http://www.uspto.gov

Interestingly they also say that one desn't need to include either symbol for protection, and one doesn't need to register either, but registration provides legal remedy in case of a dispute.

[pupoholic]

so would this be a bad thing to have up on the web?,


"FENDER STRAT PRE - CBS TM"

"TELE BLACKGAURD TM"

and about 8 others - without any use of --->(R) but just using TM's...

even the disclaimer had TM's - should have been all (R)'s correct?

If so I saved my friend some problems with the mighty one -->FENdER Corp.

[David Schwab]

You can call something your trademark, as long as it's not someone else's trade mark. You surly can't use Fender or CBS in a trademark, since those names belong to other companies.

But keep in mind that using "TM" or "(R)" does not count, you really have to use ™ and ®. Same thing for © ... you can't use (c) for a copyright.

[RedHouse]

You can call something your trademark, as long as it's not someone else's trade mark. You surly can't use Fender or CBS in a trademark, since those names belong to other companies.

But keep in mind that using "TM" or "(R)" does not count, you really have to use ™ and ®. Same thing for © ... you can't use (c) for a copyright.

pupoholic, read that link I posted. A trademark is the name/mark that one does some business/service/product under, a registered TM is just that, registered, both are valid, both have the same rights, one has legal remedy's under US law (a "registered" trademark), but an unregistered trademark is also able to win remedy under the law, you are just on your own to prove it and the US Patent and Trademark office won't do anything to help you in a dispute if you do not register your trademark, you have to get a lawyer and run with it.

Registering a TM:
http://www.uspto.gov/web/offices/tac...c/register.htm

What is a trademark or service mark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

"Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration."


If you are referencing others properties (Fender, FMIC etc) it is actually appropriate to cite the TM/R, and then dis-associate your business/product with a tag line such as:

"pupoholic is not affiliated with Fender Musical Intruments Inc, and trademarks remain the property of their owner(s)."

In this way, you are acknowledging that Fender owns their trademark, you are stating that you are not claiming it, or treading on anothers trademark rights by your reference of their item, happens all the time in business.

David, read up on that link I gave if you please. It says plainly that one doesn't even have to use those two monikers/symbols anymore to maintain trademark rights.

Same with copyright, the circled-C is just a symbol/moniker, you actually only have create original work to have copyrights to it, you have copyrights on anything you write that is your own, even images apply.

http://www.copyright.gov/circs/circ1.html#wci

In schematics for instance, the owner of, oh let's say an effects box like the Uni-Vibe (currently Dunlop Mfg) has copyright to the schematic they post/sell/publish etc, ...but... if you draw your own image of the schematic, you have the copyright to that image regardless of the implied content of the schematic (the electronic schema is not copyrightable, only the image or text).