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Re: TM whine/plea

Subject: Re: TM whine/plea
From: Fred Sampson <fred -at- fredsampson -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 13 Feb 2002 11:49:45 -0800

My understanding of this issue is that the first-use rule applies if you are referring to someone else's trademarked product. Hence, you might include the registered or trademark symbol the first time you refer to Microsoft(R) Windows 98(R), for example, then skip later references.

However, if you're referencing your own products, marketing and legal have an interest in maintaining and defending the trademark. If you don't use it in all instances, why should anyone else? That's how trademarks are lost. If they want it marked every time, do it.

I could be wrong, but it wouldn't be the first time.

Fred


I've come up against some regulatory/marketing folk in the last couple days
concerning the proper use of the trademark and registered trademark symbols.
I've always (15 yrs or so) heard that trade marking the first (text)
reference of a term was all that was required. When I came to this company,
their ops manuals used registered trademark symbols for "every" instance of
their brand names, even in their footers and headers. I've lobbied (fairly
successfully to this point) for the first use marking instead. However, we
just re-branded our entire product line and the issue is coming to the fore
again.

With the current re-branding project, the following rationale is being put
forth:
since our Ops manuals are not hard bound (we use 3-ring binders), a single
page could conceivably be separated from the whole; hence, the first use of
any trademarked term on every page must be marked.

This seems outlandish and unreasonable to me (mew), can anyone either
provide me with support data or help me get over it:)?

Fred Sampson
Technical Writer
fred -at- fredsampson -dot- com
831-728-1339



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Follow-Ups:

References:
TM whine/plea: From: Paul Kent

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