Notices and Legends

Suggested Use of A Trademark

It is important to use a trademark correctly, and to give proper notice of your claim of trademarks along with the correct use of “TM” and “®”.

Registered Marks

It is permissible, and recommended, to use the “®” in conjunction with your use of a registered mark. We also recommend that you use proprietary legend in conjunction with your use of the mark. For example: WEBTM is a registered trademark of Gordon E. R. Troy, Esq.

Unregistered Marks and Marks in Process of Registration

It is recommended, to use the “TM” in conjunction with your use of the mark. We also recommend that you use proprietary legend in conjunction with your use of the mark. For example: WEBTM is a trademark of Gordon E. R. Troy, Esq.

Additional Comments Regarding Use of Trademarks

  1. Use the mark as a mark. Do not use it as a descriptive term or as a trade name.
  2. Use the mark consistently. Avoid variations, and if you use variations they should be limited.
  3. Use the mark as an adjective, not as a verb or noun. The mark should describe a specific product or service.
  4. Do not use plural or possessive forms of the mark.
  5. In text, the mark should stand out as a mark such as changing type fonts, bold, italic, or stylized.
  6. In text, at least the first letter of the mark should be capitalized to distinguish the mark from other words in typed or printed material.
  7. Use the mark to designate specific goods or services.
  8. An appropriate symbol should be used to designate the mark as a mark. The symbol “TM” is used to designate an unregistered trademark, and the symbol “SM” to designate an unregistered service mark, and ® symbol should be used for federally registered trademarks, service marks, collective marks and certification marks.
  9. You should give notice of your claim of trademarks rights as indicated above.
  10. Do not modify the mark by using a corporate or business name since this implies that other companies may use the mark descriptively.

Copyright Notice Information

Since it is often asked, you should always include a copyright notice on all printed and electronic documents and forms including any marketing materials, brochures, web pages, videos, etc. This is not a requirement and you are not required to register everything. An example of a proper copyright notice would be as follows (substituting the date for the date of creation or publication which ever is earlier):
© 201x, Gordon E. R. Troy, Esq., Charlotte, Vermont, USA, – All Rights Reserved.

The foregoing is a general discussion of suggestions on using trademarks, notices and legends. For specific details on your situation, we can discuss this further.

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