Nick CaristinosWhen starting a new business or launching a new product one must consider the registration, and use of trademarks, service marks, copyrights and patents as part of the process, yet there is often much confusion as to what one needs and how to use them correctly.*
The International Trademark Association (INTA) [http://www.inta.org] is a not-for-profit membership association “dedicated to the advancement and observation of trademark rights.” Their website is a great place to start searching for information regarding Trademarks and their usage.We have compiled for you a brief overview of the “INTA” FAQ covering some of the more common questions people have regarding Trademarks and their use.
What is a Trademark?
A trademark is any word (Poison), name (Giorgio Armani), symbol or device (the Pillsbury Doughboy), slogan (Got Milk?), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (NBC chimes), color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.**
What do the Symbols ®, ™, and SM mean?
A ™ is usually used to indicate an unregistered trademark. It is an informal notification that there is a public claim as a trademark.
A SM represents a service mark, which is normally used on the advertising of a service. It is used in this way because, unlike trademarks, there is normally no packaging to put the mark on.
The ® (commonly pronounced “R-in-a-circle” or “Circle-R”) is a warning notice to advise the public that the mark is registered and their use provides legal benefits. This notice can be used only with registered marks. Use of a ® with any unregistered trademark may result in claims of fraud. Several other countries also use the ® symbol to indicate that a trademark or service mark is registered in their respective systems.**
How Do I Use Trademarks Online Properly?
The guidelines for the use of trademarks online are generally the same as those for using trademarks in print.**
Should I register the domain names that match my Trademarks?
As a Trademark owner there are certain obligations to protect your Trademark against unauthorized use. By registering the domain names that match your Trademarks you are protecting your Trademark and preventing the potential loss of profits and damage to your brand.
There are many rules and regulations surrounding Trademarks and they are different from country to country, so it is important to be educated and to select a Trademark agent, Lawyer and domain registrar like Webnames.ca to ensure you have the best coverage and protection for your brands, products and services. For more information on Trademarks visit the inta.org website.