Use of TM mark

[Pochun Chan <pchan -at- NETCOM -dot- COM>]

[ Nancy wrote]
> Does anyone know the "legal" rules to using the TM symbol for
> trademarks?  For instance, is it illegal to place the TM mark after a
> marketing phrase that is not registered as a trademark?

Quoted from some printed materials from a Patent/Trademark Library:

"       A TRADEMARK is a word, name, symbol, design, combination of words
        and design or slogan used by a manufacturer or merchant.....

        Common law protects a mark from the time of the first use in trade...
        ...... Registration provides owners certain procedural and legal
        advantages.

        Many trademark owners use a "TM' or "SM" [service mark] symbol with
        their mark to claim rights to it.  The "(R)" symbol may be used only
        after successful registration of the mark with the Patent & Trademark
        Office.


*** Someone correct me if I am wrong.

A regular trademark applicaiton will cost you $210.00 and an
intent-to-use application is $100.00.  I personally think a
registered trademark gives you great protections and advantages.  I had
my company name trademarked before I start my business.  I would be very
happy to find someone using my trademarked mark/name.  I can have the
court to order them to change their trade name/mark immediately.  All
their profits from the past five years go to my pocket.  Maybe I will sell
them my trademark for another million and retire tomorrow ;-)

To file an application, you can hire a trademark attorney (start saving
your $ now) or DIY.  Some information brokers can also do it for you  --
at least the search part.  Basically, you need to do a trademark search first.
This is needed to make sure your mark(s) is not conflicting with existing ones.
If you are lucky, (i.e. the mark is not yet registered) send in your
application ASAP.  You will then receive a filing date and number.  The
filing date is important.  Once you have received a filing date, you are
protected.  I think the best way to do it is to hire someone to do a
trademark search for you.  Take the result to a trademark attorney or
your company attorney to have him/her help you for the actual filing.

Regards,

Paul Chan
InfoSmith Research Services

Tel: 408/736-1107
Fax: 408/736-1153

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