Re: Third-party trademarks

Subject: Re: Third-party trademarks
From: Helen Hegelheimer <hxh -at- FORMTEK -dot- COM>
Date: Tue, 24 Oct 1995 18:03:20 -0400

> K Watkins <KWATKINS -at- QUICKPEN -dot- COM) asked about acknowledging trademarks.

We, as writer, can spend considerable time tracking third party trademarks.
As a "cub-editor" years ago, it was one of my primary tasks. However,
there really are a few misconceptions about trademarks and Registered

* Effective March 1, 1989, U.S. publishers are officially bound by selected
portions of the Berne Convention for Protection of Literary and Artistic
Works, a 1113-year-old international treaty last amended in 1971. Seventy-
eight countries are members of the Berne Convention. This mean that
works published in the United States after 1978 are protected, even if
they carried no copyright notice.

* If a product is a registered trademark, that is, on the Prinicpal Register
or Supplemental Register then it requires a circle R. It is advisable
courtesy to acknowledge the owner of the mark - but not required.

* Here's a paragraph I use in documents that *has* passed the legal
departments scrutiny -

"Many of the designations used by manufacturers and sellers to distinguish
their product are claimed as trademarks. Where those designations appear
in this document, and XYZ company was aware of a trademark claim, the
designations have been printed in intial caps or all caps. Some trademark
claims are distinguished by their mark (R)."

Source "Legal Care for Your Software", Nolo Press, ISBN 0-917316-58-4
"New Copyright Law" by Ellen M. Kozak, Publish! Magazine August 1989

Helen Hegelheimer
Formtek Inc., Palo Alto, CA
hxh -at- formtek -dot- com

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