Trademarks

Subject: Trademarks
From: geoff-h -at- MTL -dot- FERIC -dot- CA
Date: Tue, 27 Jan 1998 12:57:19 -0600

Brian Lightfoot wondered <<How many times and how often are
you required to mention Trademarks. Currently, we typically
make a reference on the license page. Following
this, we mention it once each chapter (the first time it is
mentioned).>>

That's pretty much the standard solution in (for example)
the computer software industry, though most folk dispense
with using the trademark symbol _anywhere_ in the text.
Even Microsoft works this way. The only case I can see
where you need to repeat the trademark is if you might
inadvertently be giving the impression that someone else's
product is your product; in that case, using the symbol
might help, though my instincts tell me a rewrite to remove
the confusion is a better solution.

<<Is there a difference in requirements for TM versus
(R).>>

A big one. You can't legally use (R) unless you have
registered your trademark, and (so I'm told) can actually
lose your trademark protection if you use (R) for an
unregistered trademark. You can take the easy and
inexpensive approach by opting for TM instead of going
through the registration process, but you also lose certain
protections and may end up inadvertently infringing on
someone else's trademark (since the registration process
involves a name search).

That's the non-lawyer's opinion. If you want full details,
contact a lawyer who's familiar with trademark law in your
legal jurisdiction.

--Geoff Hart @8^{)} geoff-h -at- mtl -dot- feric -dot- ca
Disclaimer: Speaking for myself, not FERIC.




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