Discussion:
What is the name of your state? PA
We are in the trademark registration process of a company name and expect it to be approved. Let's say my company name is Goodytwo Wingtips. A competitor has named his company, say, "Wingtips". The PTO has disallowed us from claiming exclusive use of the word "Wingtips" due to it's generic nature, but the whole name/phrase is anticipated to be approved.
Here is the issue: We show our name as "Goodytwo Wingtips (tm)". Our competitor is showing on his website and print ads "Wingtips (tm)" using the same typeface and position of the (tm) after "Wingtips" we use for our logo (our name, not the art is being registered). Understanding that the competitor can do what he wants realitive to typeface, I believe he cannot claim a TM on such a generic term. How can I stop him at least from using a (tm) on his materials?
Confounded Huntertuck
Answer:
What is the name of your state? PA
We are in the trademark registration process of a company name and expect it to be approved. Let's say my company name is Goodytwo Wingtips. A competitor has named his company, say, "Wingtips". The PTO has disallowed us from claiming exclusive use of the word "Wingtips" due to it's generic nature, but the whole name/phrase is anticipated to be approved.
Here is the issue: We show our name as "Goodytwo Wingtips (tm)". Our competitor is showing on his website and print ads "Wingtips (tm)" using the same typeface and position of the (tm) after "Wingtips" we use for our logo (our name, not the art is being registered). Understanding that the competitor can do what he wants realitive to typeface, I believe he cannot claim a TM on such a generic term. How can I stop him at least from using a (tm) on his materials?
Confounded Huntertuck You can't. Use of the "tm" simply means that you are claiming trademark rights over the particular logo or word or phrase. It doesn't mean that you actually HAVE any trademark rights, only that you claim them, and, presumably, would attempt to enforce them. Read more on the use of the "tm" here: