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Registered Trademark?
In a published work, when referencing a registered trademark name ( such as Microsoft Excel(r) ), do you have to put the "(r)" after EVERY mention of the word? Say you mention this same program 50 times throughout your publication, would you have to put the (r) mark after each instance?? Someone told me you only need it the first time, but I can't find any "law" either way. Thanks.
1 Answer
- 1 decade agoFavorite Answer
The r in a circle is used to put the world on notice that the mark is protected by a federal trademark registration. There is no requirement that anyone other than the trademark owner use the symbol. Others often use the symbol to demonstrate respect for the rights of the mark owner, but that use is not required under the law:
§29. Notice of registration; display with mark; actual notice
Notwithstanding the provisions of section 22 hereof, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words "Registered in U.S. Patent and Trademark Office"* or "Reg. U.S. Pat. & Tm. Off."* or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this Act by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this Act unless the defendant had actual notice of the registration.
The answer to the question is, the mark has to be used by the mark holder to the extent necessary to serve a notice function. Once is often enough.
Source(s): 15 U.S.C. §1111
