Ī copyright notice was first required in the U.S. Prior symbols indicating a work's copyright status are seen in Scottish almanacs of the 1670s books included a printed copy of the local coat-of-arms to indicate their authenticity. copyright law, but its presence or absence is legally significant on works published before that date, and it continues to affect remedies available to a copyright holder whose work is infringed. I think that's the safe play, but avoid multiple references/uses, if at all possible.In the United States, the Berne Convention Implementation Act of 1988, effective March 1, 1989, removed the requirement for the copyright symbol from U.S. However, many people choose to include it anyway just to avoid potential hassle. If you're using a trademark registered by another person or organization, you're not required to use the symbol unless specified by agreement. Nobody wants to talk with Digett®: Interactive Media & Marketing™. In other online communications, particularly those that involve personal engagement, I tend to err on the side of exclusion. It's usually unintrusive, and for those who are truly concerned about enforcement, it ensures inclusion on every page of the site. On websites, I'm a fan of using a global footer for both copyright and trademark notices.
Just make sure it doesn't distract or confuse. However, if it's considered during the planning process and not tacked on afterward, it can be done with grace. Most logos I come across look stilted, even marred, by the inclusion of a trademark symbol. Copyright symbols should not be used, in my view. Leave it out an all subsequent references to the mark. Here are a few suggestions for judicious use:Ĭonsider using trademark symbols (registered or otherwise) one time in your copy, preferably in a header or toward introductory content. It's unnecessary, not to mention illegible. Yes, that's an exaggerated scenario, but it's equally annoying when an organization uses the registered trademark symbol every time they print their name. "At Digett®: Interactive Media & Marketing™, we believe in protecting intellectual property℠ (© 2010 Digett®: Interactive Media & Marketing™, all rights reserved)." If you (or your lawyers) insist on using trademark and copyright symbols, the key is moderation. There are also no limitations or restrictions on using the copyright symbol (©). There are no restrictions, however, on the use of ™ and ℠, which indicate an intention to seek trademark/servicemark status.
In addition, some people might view mark registration as a sign of professionalism or stability.Īnother important point: you may only use the registered trademark symbol (®) if your trademark is, indeed, registered with the U.S. For one, should you ever find yourself in the unfortunate position of having to defend against unauthorized use of your mark or copy, it may help to show that you've established a record of putting people on notice. However, while trademark rights are based on use, that means use of the mark, not the symbol.īut even if it's not legally required, using the symbols may have benefits. Granted, some may argue with me over this, especially if they fear trademark abandonment or infringement. Why you should use trademark and copyright symbolsĬontrary to popular belief, it's not required you do not have to use trademark and copyright symbols in your design or copy to guarantee or safeguard your legal rights.Īdditionally, there are good reasons to not use them, particularly if you want to avoid having your publications look like crop circles or an untitled Led Zeppelin album. this may not apply in other jurisdictions. Moreover, I'm covering only situations faced here in the U.S. Nor am I attempting to address how someone goes about the process of registering. It's not about the value of trademarks or copyright registration, since I don't want it thought that I'm discouraging the protection of one's intellectual property. Two: This is only about the symbols - ®, ™,℠, ©, and the like. It's not necessary for a discussion of this topic, however, which leads me to my next point. I grew up around them and I'm comfortable navigating that world, but if you want real legal advice, pony up and pay for an attorney. Let me get that little detail out of the way, lest the state bar comes knocking at my door. What I've found is that the questions remain the same from party to party, so I thought it might be helpful to cover some basic ground on the why, when, and how of using trademark and copyright symbols. As the resident Lionel Hutz here at Digett, I occasionally get asked about trademark and copyright issues - or, to be specific, the use of the symbols representing those concepts in design and copy elements.