Paul Heald <heald[_at_]jd.lawsch.uga.edu> wrote:
>
> Since one cannot copyright a product name, I'll assume you mean
> "trademark" symbol instead. You are under no legal obligation to
> place the registration symbol next to a product name. I think the
> recent practice of including such symbols in advertising is
> aestetically very unappealing and probably annoys consumers to the
> deteriment of the producer.
This is not a trademarks list so I'll keep my comments short. Using these symbols may creat an unaestetic effect but their use is necessary. Placing either the "R" symbol or the "TM" symbol next to a trademark every time it is used is one way of ensuring that the mark will not become generic. In addition, using these symbols next to a mark consistutes some proof at least that the word was used as a trademark; how a word (or other mark) is used is an important factor in determining whether it can be protected as a trademark. So expect this practice to continue in spite of the fact that it can be quite annoying.
Emil Pellicer
Colby, Monet, Demers, Delage & Crevier
Montreal, Canada
Tel. (514) 282-0123 Fax. (514) 284-1961
epellicer[_at_]colby-monet.com
This posting does not constitute legal advice. It reflects the personal opinion of the author. Received on Thu May 15 1997 - 13:57:42 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:25 GMT