Legal / Trademark
What is a trademark and what is the difference between "TM" and ® ?
A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
The symbol ™ (trademark) is sometimes used when a trademark has been filed (applied for) but not yet registered. As soon as the trademark has been definitively registered, the ® symbol is used. This stands for 'registered trademark'
Achieve your digital potential ™
The application to register the ACHIEVE YOUR DIGITAL POTENTIAL tagline has been filed with the U.S. Patent and Trademark Office, with an effective filing date of August 26, 2020. Siteimprove should immediately begin using the superscripted letters “TM” to give notice that we claim the rights in the mark. Siteimprove should not use the ® symbol until the application has matured to registration.
5. Digital Certainty®
6. Digital Certainty Index®
How should I use the trademark on Siteimprove material?
Both "TM" and "R" need to be added at the end of the trademark the first time it is mentioned on every page of the document.
It should not be added in headers, only in the main body of the copy.
What if I am in doubt?
If you have any doubt please contact firstname.lastname@example.org
1. Correctly mark the trademark a. Where practical, a trademark notice should follow the mark. Notice should be used at least once in text and preferably with the first or most prominent appearance of the trademark. If a trademark has been registered in the U.S. Trademark Office, the ® federal registration notice should be used (Siteimprove®) on goods and services in the U.S. i. Alternatively, or as a supplement to the ® or common law notices, a footnote or text notice with one of the alternative statutory notices is good practice: “[trademark] is a registered trademark of Siteimprove A/S” . b. If the trademark is not federally registered, use the common law notices “TM” for a trademark (Achieve your Digital Potential™). c. Only use the symbol when the mark is used as a trademark; if the mark is used merely as your trade name or to refer to the company, this does not constitute use as a trademark and the symbols should not be used. d. Generally, use of a symbol is not necessary for every occurrence of a trademark or service mark in an article, press release, advertisement or on a website, etc; however, at a minimum, this identification should occur at least once in each piece, either the first time the mark is used or with the most prominent use of the mark. When in doubt, err on the side of “over-marking.” 2. Highlight the trademark a. A trademark should be used in a manner which will distinguish it from the surrounding text. Use initial caps with quotes (“Siteimprove”) to create distinction. At a minimum use initial caps. 3. Adjective a. Trademarks and service marks are proper adjectives. Not nouns. Not verbs. A mark should always be used as an adjective qualifying a generic noun that defines the product or service.
4. Avoid the possessive or plural. a. A trademark is not the name of a product and therefore it cannot “possess” anything, such as attributes. Only the generic product which the trademark modifies can possess anything. Likewise, since a trademark is not a noun, it should never be used in the plural form. 5. Use the trademark consistently and continuously a. Casual, sporadic or transitory use will not create rights in the mark. Each time you use the mark in a substantially different form, you create a new trademark. For example, if a mark is represented in initial caps with quotes, you should consistently use this when referencing that mark. 6. Tradename Usage a. When used as a trade name to refer to your business, a mark may be used alone as a proper noun. However, when used as a brand in connection with a product or service, your mark should be distinguished from the words surrounding it and preferably followed by reference to the generic product or service that it modifies, consistent with the above referenced guidelines.