Using the trademark symbol

[YidBiz]

Can I used the trademark (TM) symbol to protect a trademark even before I have the mark registered? From the reading I've done, it sounds like I can. Is that true?

[crud3w4re]

I believe that if you can prove you're the original owner, then yes?

[TIM_S_JR]

You Have To Get The Item Trademarked By The Copyright Office Then You Can Use The (tm) Or The (c) On You Symbol

[YidBiz]

You Have To Get The Item Trademarked By The Copyright Office Then You Can Use The (tm) Or The (c) On You Symbol

What if I use the (TM) symbol before I register my trademark? Your average guy wouldn't know the difference.

[TIM_S_JR]

No But I Think If Someone See That And Check On It You Can Get Into Some Trouble. I Would Call The Copyright Office And Ask Them What You Should Do.

[akula]

yes you can use "TM"

it's not a legally recognizable symbol

registered trademarks are protected by the (R) symbol

people use the TM sign as a way to warn others against ripping off their trademark, when in reality, anyone can copy a trademark with a TM symbol without breaking the law (subject to a few exceptions)

[akula]

You Have To Get The Item Trademarked By The Copyright Office Then You Can Use The (tm) Or The (c) On You Symbol

no, I'm pretty sure that's incorrect

a trademark must be registered to be eligible for the (R) symbol

it does not have to be registered to be eligible for the TM alternative

TM is not a legally recognisable concept

You can slap it when ever and wherever you like

It means nothing (legally)

[YidBiz]

Well, I have a cool idea for a brand of t-shirts. I want to share my idea with you guys. But I seriously want to be sure that nobody copies my idea. So, I think it's not too smart to share the idea before it is protected. But then again, how can I avoid paying to protect this specific mark, at least until I know that it's an idea that can sell?

[akula]

stop being a flake

protecting ideas?

selling ideas?

what are you talking about?

you've got no clue what intellectual property is, how much it costs to protect or whether there is any value in protecting it

what you should do is get a loud speaker, climb on the highest building in your neck of the woods and scream at the top of your lungs about all those whacky ideas you got going on, in some faint hope that at least one person turns around and starts to care

[crud3w4re]

Can a guy make $$$ off of tm'ng, or copyrighting, things that are already being used, but not reserved?

[akula]

can you give an example of what you mean?

[crud3w4re]

ok. A company goes by the name of "Blah" .. maybe they also have a symbol. So what I go ahead, and tm it both, name, symbol, slogan .. whatever.

[akula]

you can TM what ever you want until the cows come home. it doesn't secure you any tradeable legal rights.

on another hand, if you found a burger joint who needed a marketing facelift, you can trademark the word "burgerlicious" and approach the shop with an offer for them to buy/license the registered trademark (i.e. one with an (R) symbol)

they might say yes

firms like Research in Motion do this kind of business

They're called licensing firms (or, less euphemistically, patent pirates)

[crud3w4re]

heh sounds like domain squatters of the real wold XD

[YidBiz]

Pretty much it's a certain logo/name that I want to use on t-shirts and stuff on CafePress. If I don't trademark it, can't other people use it and profit from it?