Symbol Trademark - what is a trademark symbol and when should it be used
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Symbol: Trademark - what is a trademark symbol and when should it be used

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Trademarks

Trademark Registration The most effective way to safeguard you against people "trading off" your business name, product or service, is to register a trademark. For more information, including about the justweb® trade mark, please read our trademark registration article.

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W3C Validated: XHTML | CSS

Law Articles People are often confused by how, when and even IF you should display a trademark symbol.

First of all, you are permitted to display the ™ symbol even if you don't have a registered trademark.

For example, you may have a unique service in which you believe you have a common law trademark - that is, you believe it to be your intellectual property. For example, "Coastal Fudge Bark" could be a chocolate product you make and you want to make it known that you have a common law trademark covering that specific name.

A common law trademark could also be a unique "tagline", such as displayed underneath your business name, for example "Great results - minimum outlay".

Symbol Trademark However, the ™ symbol is most often used to denote a registered trademark. You are also entitled to display the ® symbol to show the name (or logo) actually holds a trademark registration. This is a much more powerful "statement", and shows you have taken the necessary steps to secure your own trademark, warning others not to attempt to "trade off" your name, logo, or intellectual property. The symbol must be located immediately after the trademark name or logo.

It is very important to note that you CANNOT under any circumstances display the ® symbol UNLESS you have a registered trademark.

Trademark symbols are used differently to the copyright symbol (©). A copyright symbol and notice informs the public that a particular piece of work is protected by copyright, the year the work was first created, and the owner of the copyright. It is not necessary to register a copyright with any particular office.

Showing a copyright notice would also make it much harder for a defendant to be successful in court using the excuse of "innocent infringement".

However, the result of the Berne Convention is that it is not legally necessary to display a copyright notice.

Trademark Symbols In HTML, the ® symbol is quite large and obtrusive, so in your text based content, you may choose to display ™, or you can show an asterisk (*). The asterisk is then explained elsewhere on the page. For example, justweb*

*justweb is a registered trademark in Australia #1246825

The relevant trademark characters are mapped in Unicode and available on Windows systems in superscript by entering in the following keystrokes and codes.

™: ALT 0153 or Unicode U+2122

®: ALT 0174 or Unicode U+00AE

*: SHIFT * or Unicode U+002A

©: ALT 0169 or Unicode U+00A9

In HTML the entities are ™ for ™ (trademark), ® for ® (registered trademark), and © for c (copyright).

To be really sure about your use of the trademark symbol, it would bode you well to seek the services of a professional trademark attorney. justweb™ uses and recommends the services of:

Dilanchian Lawyers & Consultants
The University Centre, 210 Clarence Street
Sydney NSW 2000 Australia
Tel (02) 9269 0229
Email noricd@dilanchian.com.au
Web www.dilanchian.com.au

More information

Trademark Registration | Business Name Trademark | Trademark Law
justweb™ Statutory Law Rights

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Rob - JustWeb

16.07.2009


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The content provided in this article is provided as is, and as such does not carry a warranty or guarantee by justweb® that it will provide results discussed. The article content provided is intended for informational purposes in order to introduce readers to new ideas, concepts, and/or reviews of new products and/or services. It is incumbent upon the reader to do further research before acting upon any advice or suggestions in this article. It is a condition of reading our articles that justweb® will not be held liable for any negative consequences that may result from the implementation of any information or purchases made as a result of reading this article.



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