Similar to the TM symbol, an individual need not actually have a registered trademark with the USPTO in order to put the SM symbol adjacent to the mark and yet the SM still carries the very important symbolic meaning of, Use-in Commerce, with the designated service.
In most other countries, the TM covers both goods and services , rendering the SM symbol rather redundant. Critically, use of the SM does not by any stretch of the imagination confer trademark rights and cannot guarantee that the mark will be protected under trademark law.
Indeed, if the applicant were to apply for a trademark with the USPTO and begin using the Circle R symbol before obtaining a registration number, the applicant would be in violation of federal law and will likely have his trademark application rejected. Thus, this trademark symbol serves the essential purpose of providing constructive notice of the legal ownership of the mark. The aesthetics of the Circle mark, like the TM and SM, is important to note and typographically, drafted as a small superscript sign.
In the event that the applicant chooses to use regular sized typography for the symbol, it is entirely acceptable for the trademark symbol to be placed immediately next to the end of the trademark. Trademark symbols are typically drafted in Superscript which of course means that the symbols will appear smaller and in slightly different font.
Unfortunately, this is a common mistake trademark applicants make. How does this process occur? Upon receipt of the trademark application for review, the examining attorney will consider each submitted specimen very carefully and if the federal registration symbol is used with the mark or with any portion of the mark, the examining attorney will consult USPTO records to determine the existence of the registered portion of the mark and thus, the acceptability of the symbols use.
If the examining attorney cannot locate a USPTO record, which justifies the use of the registered trademark symbol, the application will receive an office action. TMEP Remember, different rules govern the use of different TM Symbols. A new edition is published every five years and, since , a new version of each edition is published annually. Find out more about the NCL.
Access the Nice Classification. The Assembly meets in ordinary session once every two years. The Assembly deals with all matters concerning the maintenance and development of the Union and the implementation of the Nice Agreement.
Then, consult with a trademark attorney with knowledge of the foreign markets you want to enter. Here at Dennemeyer, our global team has expert knowledge of trademark regulations across the world, allowing you to keep your focus on building your business. In this day and age, is it possible to go to an Intellectual Property IP conference or trade…. Trademark law varies from nation to nation and, if you are not careful, the way you mark your trademarks on product packaging can get you into trouble with foreign regulators.
Next article. September 21, Erica Vaccarello Read time: 4 minutes. Related articles. November 10, Dr.
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