Legal Question in Intellectual Property in Georgia

Is it legal or ethical to use a "TM" sign before applying for a trademark? If I use the name to sell a program on my website and other advertising but don't sell anything, does it still count? Thanks.


Asked on 10/16/09, 11:19 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

"TM" means only that the owner/user of the mark intends it to be a protected trademark, not that it is registered. If a trademark is registered, one may use the � designation.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/21/09, 11:33 am
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Yes, you may us the � symbol with the name of the program being advertised on your website as an indication that you intend to seek trademark rights in that name. After you have applied to the US Patent and Trademark Office (USPTO) for federal trademark registration, you may then use the � symbol once your trademark has been registered.

Please feel free to contact an Intellectual Property Attorney at our office regarding your trademark application with the USPTO.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.

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Answered on 10/21/09, 11:54 am


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