Trademark Application

[chloe]

Hi! Im a newbie here in this forum..

Just got some questions here regarding trademark.,

In filing a trademark application, do I need an attorney?
Are there any federal regulations governing the use of the designations "TM" or "SM" with trademarks? :confused:

[mcanerin]

In general, if you are using a mark in order to identify your trade (or goods) then you can use TM. If it's for the identification of services, then you can use SM.

There is no need to register them, however, they are considered "local", which is of limited use on the internet. For example, "Bob's garage" can be properly trademarked in 5 different cities in the same state, as long as the areas of trade don't overlap and consumers don't get confused.

On the internet, it's a different story, since the "trade area" is the whole world. It's best to register your trademark or servicemark if possible in this case (signified by the "R" in a circle in the US). This actually gives it some teeth. You CAN'T use the registered mark unless the registration is complete.

You usually don't need an attorney to file, but you are responsible for checking for conflicts, and TM lawyers are often better equipped to do this than normal people. You can't just use a search engine. There are agents who specialize in trademark registration that are cheaper than lawyers.

There are no specific regs for the use of TM and SM (other than common sense, case law and acting in good faith, etc - it's a common law rule, not a regulation), but there are several regs for the use, registration and protection of registered marks.

You can usually register at the federal or state/provincial level. State/Provincial is usually easier, but Federal is usually more useful for brands used heavily on the internet.

Welcome to the Search Engine Watch Forums! :)

Ian