Trademarks and service marks (collectively “marks”) are used to identify the source of goods (trademarks) and services (service marks).
Certain symbols, including ®, TM, and SM, are used with marks. These symbols could be described as “notices” to advise the public–including consumers and competitors--of a mark’s legal status.
The most common way to set marks apart from other words is to:
- capitalize the product or service name,
- use the appropriate symbol, and then
- follow the mark with the appropriate descriptor (i.e., noun).
You may also use underlining, italic type, or bold type to show that a word is a mark.
GENERAL GUIDELINES FOR USING TRADEMARKS and SERVICE MARKS
- DISTINGUISH THE MARK. When a mark is used in a non-stylized form, such as in the body text of an advertisement, it should be set apart and distinguished from the other words in the text. In order to do this, the mark may be rendered in boldface type, italics, CAPITAL LETTERS, underscored, set in “quotation marks” or followed by an asterisk(*). Often times, the best identification may be a footnote identifying the registered status of the mark, for example: IAMATRADEMARK*.
- USE THE MARK THE SAME WAY EVERY TIME. It is important that your references to a particular mark are accurate and consistent; the mark should be represented the same way each time. For example, if a mark is represented in all capital letters, you should consistently use all capital letters when using that mark. This has the desired effect of emphasizing that the term is indeed a mark, and not merely another word in the text.
- SHOW THE STATUS OF THE MARK AT LEAST ONCE PER PAGE. Generally, it is not necessary to show every occurrence of a mark in an advertisement or other promotional material but, at a minimum, this identification should occur at least once in each piece of printed matter, either the first time the mark is used or with the most prominent use of the mark on the page.
- USE THE PROPER SIGNAL WITH THE MARK. A system of signals has been established to identify marks consistently. The use of these symbols shows the public that a word, logo, slogan, or design is being used as a mark and that the owner is claiming legal rights in the mark.
In the United States, the following symbols are used most often:
™ for an unregistered trademark;
SM for an unregistered service mark; and
® for a registered trademark or service mark.
Other proper forms of notice for registered marks in the United States include: “Registered in the U.S. Patent and Trademark Office,” “Reg. U.S. Pat. & Tm. Off.,” and “Reg.” Be aware that marking practices vary from country to country, so if you are planning to use marks outside of the United States, contact the HHS Office of the General Counsel for assistance.
- USE THE MARK AS AN ADJECTIVE WITH A GENERIC TERM. A mark should always be used as an adjective, not a noun. Your trademark is a particular brand of product or service, not the name of the product itself. In the following example, the generic terms are italicized for illustration only: THE HEART TRUTH® public awareness campaign, or HEAD START® pre-school program.
- USE AN ATTRIBUTION STATEMENT. All marketing collateral, advertisements, product packaging, web pages, manuals, and studies that include marks should include an attribution statement crediting ownership of the mark to the legal owner. Typically, the attribution statement is displayed at the end of the material, in the footer of the document, or on the back of the package, e.g.: “HEAD START® is a registered trademark of HHS.”
- DO NOT COMBINE THE MARK WITH THE NAME OF ANY LICENSEE OR THIRD PARTY PRODUCT, PROGRAM, OR SERVICE TO CREATE A COMPOSITE MARK. Marks should not be adulterated by combining them into a composite with marks owned by others, or otherwise modifying them from the form ordinarily used in commerce, or as registered in the Trademark Office.
*Registered trademark of ABC, Incorporated.
Questions? Contact the HHS Office of the General Counsel at (301) 496-6043.