Trademarks denoted by TM are used to display singularity of the brand that proves authenticity and prevents the buyers from being deceived.
However, often, the question arises as to when to use the trademarks. Here are a few cases to clarify.
When the trademarks are used in an informational article, it is not necessary to mention the symbol ™ but what is important is mentioning the name in Italics or Capitalizing the brand name. For example, “He is having Kellogg’s chocos.”
At the same time, if the brand name is used in a commercial, it becomes necessary to use the symbol of trademark ™. For example, if an advertisement is using the name of Nikon, it should be written as Nikon™ or in the case of Nike, it should be written as Nike Inc™.
The right method is writing the trademark as is, mentioning it on the right side of the brand name.
If the trademarks are registered officially, it becomes necessary to specify the symbol while writing the brand name. This can be known by researching the database and researching about the trademark’s owner.
When a magazine publishes an article or a newspaper writing an informational piece on a particular brand, it need not take permission for the use of the trademark.
The use should be relevant, and the article should mainly focus on the brand. In short, approval is not mandatory when it comes to spreading information through a media platform.
As the technological world advances, it becomes utterly necessary to walk a step ahead of the competition.
Advertising includes various tools such as electronic media, magazine, and so on, which make use of methods such as comparative studies to show more of the advertised brand.
Here, it is permissible to print the trademark of the brands compared. This, however, creates a negative race which might instigate a legal action as not all the companies agree to open comparisons.
Therefore, it becomes necessary to take permission as an alteration in a trademark can result in the claim of dilution.
Commercial uses include activities such as displaying information or publishing an article or it may also include printing pictures in newspaper or hoardings.
Here, permission is required to use the trademark. This also applies for public promotion during events, informational advertisements, firm-sponsored advertisements and the merchandise and other products sold by the business.
However, the permission is not necessary when it comes to comparative advertising as mentioned above.
When a business having a similar name to another business makes fun by slightly modifying the trademark, it is known as trademark parody.
For example, take up Crossword and imagine a rival business Crossroad. Both have different trademarks but do not differ from each other to a wide extent. However, one should always remember, the use of trademark parody may instigate a lawsuit.
Moreover, the modified trademarks should not compete with the original brand in any way. The modified trademark should be made only to poke fun at the original brand so that even the customers do not confuse it with the original brand.