Trademarks

[Lithic]

I was browsing on download sites and found that many small, pretty much single-function freeware or shareware programs had "TM" after the name, suggesting the name had been registered as a trademark.

Surely this isnt the case? Im not from the US (where I expect most of these programs are being developed) - is it inexpensive to trademark something over there? And surely common words like 'Glimpse' etc.. cannot be trademarked? Could it be that the people making these programs are putting TM after the name without actually registering a trademark??

Cheers,
Lithic.

[szlamany]

I was browsing on download sites and found that many small, pretty much single-function freeware or shareware programs had "TM" after the name, suggesting the name had been registered as a trademark.

Surely this isnt the case? Im not from the US (where I expect most of these programs are being developed) - is it inexpensive to trademark something over there? And surely common words like 'Glimpse' etc.. cannot be trademarked? Could it be that the people making these programs are putting TM after the name without actually registering a trademark??

Cheers,
Lithic.

That is truly pathetic...

It's very expensive to get a trade-mark. My business partner has two - "The Hook" cannot be used by anyone else in the fitness industry for book/manual type material or for video/instructive material. Those are two separate classes - each cost the same $$'s to process!

We used a intellectual property firm to research the availability of the trade mark (you can't just try to get one if you haven't checked that no one else has it!). They also re-apply for extensions until the first $$'s are earned on the product that is trademarked.

Only one of them is registered at this point...

There are very specific rules about when you put TM and (R) after your product name!

[RobDog888]

The last time I had hecked, it only cost $325.00 to apply for a Trade Mark™ It cost well
over a $1,000.00 a year to get a Registered Trademark®.

Check out this site for details.

A Copyright© is allot cheaper ($30.00) but it not quite the same thing.

[Lithic]

It's very expensive to get a trade-mark. My business partner has two - "The Hook" cannot be used by anyone else in the fitness industry for book/manual type material or for video/instructive material. Those are two separate classes - each cost the same $$'s to process!

There are very specific rules about when you put TM and (R) after your product name!

So you think that some of these developers, making freeware or shareware programs that sell for $29, have actually paid for Trademarks or are just using the symbols?

That is truly pathetic...

Not quite sure what you are referring to...

[Lithic]

The last time I had hecked, it only cost $325.00 to apply for a Trade Mark™ It cost well
over a $1,000.00 a year to get a Registered Trademark®.

Check out this site for details.

A Copyright© is allot cheaper ($30.00) but it not quite the same thing.

Thanks RobDog888, very helpful link. It specfies that you can use the TM symbol without actually applying for it....

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.

[szlamany]

So you think that some of these developers, making freeware or shareware programs that sell for $29, have actually paid for Trademarks or are just using the symbols?



Not quite sure what you are referring to...

Yeah - probably...

It's pathetic that they are using the TM or SM mark without knowing it's "free and available". They are possibly infringing on someone elses mark and not even aware of it. That's either silly or unethical - depending on whether they know it or not...

If you are going to spend money on marketing a product, I would think that you would want to make sure that you have a right to that mark - the research for availabillity and the application process was not easy. Making sure that you word your application to cover others attempts at "infringing" it are complex as well.

[RobDog888]

In the link I provided, you can run a search using the TEAS link.

If no one has a claim on the product name, you can use the ™ on your product name. Although you can
use the ™ for free, you really do have the official security of having applied for an actual claim.