Once you have properly registered a trademark, it is important to identify it so the public has notice that it is a protected mark. Certain symbols or designations are used to indicate trademarks, including ®, Reg., TM and SM. The ® symbol and “Reg.” provide notice that the mark is registered in one or more countries and that the owner may be entitled to recover monetary damages against infringers. The “TM” and “SM” designations are used for marks that are not registered, but give notice that the user intends to claim trademark rights in the mark. The use of these symbols does not guarantee that the owner or user will be successful in registering the trademark.
Every country has differing trademark rights, so it is imperative that you verify what your rights are under local law before using a mark. In fact, when it comes to asserting trademark rights, it is wise to obtain the advice and guidance of an experienced attorney.
Trademark infringement is serious business. Litigation can be expensive and even result in your company going bankrupt. Don’t put the success of your business in jeopardy by not following the proper procedures for selecting your trademark and establishing your rights in it.
The Swenson Law Firm is located in Sacramento County and we proudly serve businesses of all sizes from all over the State of California. Contact us today to learn more about how we can assist you with matters such as trademarks, defending lawsuits, business formation, contract negotiations, hiring employees, and protecting your intellectual property. With our years of complex business trial and litigation experience, we are an effective and efficient choice in representing you at the bargaining table and in the courtroom.
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