False TM

[Kyle]

Does anyone know any laws regarding putting a TM (trademark) next to something that isnt actually trademarked?

So lets say I am the owner of the Unique-Name Corproration. In my company logo I put a TM next to the name becauase I claim that "Unique-Name" is trademarked. Lets say it isn't, and is not applied for, or anything like that. I just simply dont have a real trademark.

Are there any penalties for this?

[incka]

As far as I know you will only incure penalties if you do not stop doing it after a cease and desist letter or if someone else has a similar trademark.

My advice: Just get it trademarked!

[Mike]

Yea, I doubt if anything would happen unless someone else had already got the trademark/had a similar one.

I'm sure somebody will be able to give you a full answer though :)

[Chris]

Actually there is no such thing as a false TM.

A registered Trademark is the (R) symbol. You cannot put that next to an unregistered trademark.

A TM symbol is an unregistered trademark. It lets the world know that you're using this as your trademark and that they shouldn't use it.

http://www.websitepublisher.net/article/intellectual_property/4

To actually get a registered trademark you must do a trademark search and that has to include even unregistered trademarks.

Trademarks are the least powerful kind of IP. They can be limited to something as simple as a geographic region. For instance if your business only operated in one city, someone across the country could use the same trademark without issue assuming they also only operate in one city.

[Kyle]

Thanks Chris, very helpful information.