NameSilo

Fake tm

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Jakey

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13
is it illegal to put a TM at the end of your banner/site if your site isnt really Trademarked?
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
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http://www.uspto.gov/web/offices/tac/doc/basic/register.htm

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
 
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So i can have "SimpleBB.com TM - Free phpBB forum hosting" and not get introuble?
and at the bottom,
(©Copyright 2005 SimpleBB.com TM - All rights reserved)
 
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correct

-Steve
 
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even if i didnt register the TM?
 
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Jakey said:
even if i didnt register the TM?

Yes. As davezan posted above : you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO.
 
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:lol:
 
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Jakey said:
even if i didnt register the TM?

You aquire a Tm through the commercial usage of a the name. There is no cost to aquire a TM. When you go to USTPO, you are requesting to register your TM. They are two different circumstances. You may put TM or SM to establish one. Registering your TM via USTPO will greatly re-enforce your TMs rights.
 
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