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and what does that mean to have a © or an ® next to a domain?
vip-ip said:(c) does not need any "permission" to have. It means that the copywritten information is your own, and no one has any right to copy it. However, if you want a document permission (an official paper) you can buy one. It is only good as a proof in court if you sue someone for having your data copied illegally.
(R) is a registered trademark, you have to register a trademark for this (ex. "Coca Cola").
DNQuest.com said:There is a bit of confusion here, anyone can TM thier business name, slogan or product. All you need to do is enter the marketplace with the name or product. A ® means you registered your mark with the government and they support that you are the "owner" of that mark. So if anyone else tries to use it, the government will say, they had this mark, here is the proof. You can still defend your mark without registering it, but if defending your mark, you would have to prove when you first started using it, how it was used, where it was used and in what capacity. By registering your mark, you do all that work first, then when it is time to defend your mark, all you need to do is supply registered information to the offending party. All that information is on record and verified by the government.
A TM is earned from usage in the marketplace, a ® is proof you have used 9or will be using) your TM in the marketplace. And ® stands for registered and you are supported by the government. People use ™ to make an identity of the name or product. As an example, DNQuest.com™ is my trade mark, I have been using it for almost 4 years now as a business. If someone comes in and tried to use the name (or similar name), I would have claim and would have to prove that I have been using it for years. If I register this TM, then all I really need to do is supply the government certification of my TM to prove it. So basically, if you spend some $$ upfront, you won't hav to spend it later on defending your mark.
As an added note, you can put a ™ on your name and products at any time, but it is illegal to put a ® unless you are certified by the government. It is a pusihable crime.
If you want to ™ your name or procuct or slogan and are cheap, you can always type up the partiulars (first use, how it is used, product, name, everything you can thing of) put it in an envelope and send yourself certified mail with receipt. when you receive teh envelope, DO NOT OPEN IT, keep it sealed. If there is ever a time you need to prove your ™, submit the envelope to the judge and have him and only him unsealed teh envelope and ahve the finding on record. So for future reference, you can cite the court docket the exact details of your TM. I would od the same thing if you want to copyrite something too.
Xfactor said:I agree,But anyone can put TM,SM,Beside thier name,But it does'nt hold water in court.If the word mark is not registered with government,Then IMO you are putting TM next to it to just make it look fancy.It holds no legally filed word mark.
DNQuest.com said:Xfactor, I would disagree with your point. It can hold water in court, but it is harder to defend. I can absolutely prove that DNQuest.com™ is my trademark and I know I can successfully defend it in court. I have undesputed proof I have been using it for many years and it has become an identity of a known domain service. Now, if someone were to assert this mark too, it would cost me more court costs and my time. But I would prevail ultimately.
Adoptable said it best.
Should I register my mark?
Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
- constructive notice to the public of the registrant's claim of ownership of the mark;
- a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
- the ability to bring an action concerning the mark in federal court;
- the use of the U.S registration as a basis to obtain registration in foreign countries; and
- the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
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.