Using and Protecting Trademarks

TM, SM or ®?

The use of these indicators next to a trademark is not a requirement. However, it is a convenient way of informing others that a given sign is considered a trademark, thus warning possible infringers and counterfeiters. The ® can only be used once the mark has issued to registration, whereas TM and SM simply notes that the mark is being used as a trademark or service mark according to the Lanham Act.  

How should trademarks be used in advertising?

The mark should be used exactly as it is registered with a specific font, color, or design element.  It is also important to use the trademark as an adjective, not as a verb or noun to avoid consumers perceiving it as a generic term.

Can you license your trademark to other companies?

Trademarks can be licensed to other companies.  The trademark owner retains ownership and merely agrees to the use of the mark by one or more companies.  This is usually affected upon payment of royalties and involves consent specified in a formal licensing agreement.

Can I sell my trademark?

Trademark assignment is the legal instrument that is used to transfer a trademark owner’s rights, title, interest, and goodwill in a trademark to another party.