11/7/2023 0 Comments Do you need to trademark a logo![]() Even though this copyright notice is not required in the United States, it still carries evidentiary weight as copyright infringers cannot claim innocent infringement as defence in order to mitigate its damages for works that carry the ©-symbol. However, the ©-symbol was first described by the old Universal Copyright Convention, which indicated that the author has filed a copyright notice for countries that had not acceded to the Berne Convention, like the United States until 1989. This symbol can be used to indicate that the author obtains copyright on the particular work within the European Union. However, this symbol can be optionally be used in Europe in order to notify third parties of the fact that a certain work is protected by copyright. This symbol is not mandatory within the European Union since it is not codified in any EU-law. However, trademarks can be protected by copyright as well as intellectual property rights can overlap each other in certain cases. It means that a certain work is protected by copyright, and may not be copied or used without restrictions. This symbol is not associated with trademarks, but with copyright. If the service mark has been registered, then the ®-symbol is used instead. The ℠-symbol does not contain any legal status within the European Union nor in the United States. This mark is generally used within the United States, and rarely seen within the European Union. This symbol is used for an unregistered service mark, that is used to promote or brand services instead of goods. In contrast to the European Union, trademark owners are required to use the ®-symbol if they want to claim profits or damages in an infringement case within the United States, as the symbol does have an official legal status there. So companies need to be assure that their trademark is registered before they decide to use it in their businesses. ![]() Throughout most of Europe, the use of the ®-symbol with marks that have not been registered, run the risk of violating the rules on misleading advertisements. This symbol may only be used when the mark is registered. However, it is not mandatory to use the symbol within the European Union, as it does not contain any official legal status. So the claims that are attached to the ®-symbol are much stronger than the claims that are attached to the ™-symbol. This symbol means that the trademark has been registered, as the R in the ® stands for ‘registered’. However, some German courts have determined that this symbol must be used in association with a registered trademark. Furthermore, this symbol does not poses any legal status within the United States nor the European Union. ![]() It is mostly used on marks that are not yet been registered as such. The ‘TM’ stands for ‘trademarks’ and this symbol is popular within the United States and Australia, but it does not hold much weight in most countries within the EU.
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