TRADEMARKS (Copyright Notices, Registered Marks, Common Law Marks and Symbols)
A trademark or service mark is always an adjective (never a noun, verb, etc.) used to describe either products (in the case of a trademark) or services (in the case of a service mark). Thus, correct trademark or service mark usage would include referring to, for example, GOLDView® financial software or GOLDPhone® automated banking services. It is important not to use a trademark or service mark as a noun to identify the product or service itself. For example, we should not say "order GOLDView" in our advertising materials, but rather "order GOLDView® financial software."
Usage of a trademark or service mark gives rise to common law protection against others using the mark or a confusingly similar mark in our area of business. However, the existence of common law rights does not necessarily mean that we have the exclusive rights to a mark. Federal registration of the mark goes a long way towards securing our rights to the mark.
One significant difference between registering a trademark vs. a service mark is the type of specimen of use that must be submitted as evidence of use of the mark in commerce. A trademark application typically requires a label or packaging that is physically affixed to the product (e.g., a CD label) or a photo of the mark directly applied to such product. In some cases, hard copies of screen prints may be acceptable.
For service mark applications, any piece of marketing literature about the service is typically acceptable. Ads, brochures, mailers, etc., would typically be appropriate service mark specimens.
It is important not to use a trademark as a noun to identify the product or service itself. Use a trademark when referring to the product or service name (not the division) as an adjective (or descriptive). For example:
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Note: The word "GOLD" should always be written in all capital letters.
The easiest way to insert the registration and trademark symbols into your text document is by using keystroke combinations (accepted by most Windows-based applications).
- To insert the registration mark symbol ( ® ), use the keystroke combination CTRL+ALT+R.
- To insert the trademark symbol (™), use the keystroke combination CTRL+ALT+T.
- To insert a service mark symbol (℠), use the keystroke combination ALT+8480.
- To insert a copyright symbol (©), use the keystroke combination CTRL+ALT+C.
FPS GOLD is used as a trade name when used as a pronoun (i.e., company or division reference) to replace "us" or "we," and/or when used in conjunction with an address, to identify our place of business. Because of this, there is no need to use a ®, ™, or ℠ with trade name usage of FPS GOLD. Such trademarks are only used when referring to the products of the company, not the company itself.
The registered trademark ® symbol is a more powerful symbol than the common law symbols ™ and ℠. The ® indicates that the trademark or service mark has in fact been registered with the U.S. Patent and Trademark Office (USPTO). For example, FPS GOLD is a registered trademark of DHI Computing Service, Inc., and should always include a ® symbol when used as marks. In addition, several of our other products have been registered. Refer to this chart when deciding whether the ® symbol or the ™ or ℠ symbol is correct.
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It is only appropriate to use the ® symbol when a mark is federally registered. If this is not the case, the common law symbol ™ should be used for trademarks and the common law symbol ℠ should be used for service marks claimed by DHI Computing Service, Inc.
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In order to protect and enforce our rights in our valuable marks and names, it is important that they be used correctly and consistently. This includes any usage of the marks and names in connection with any of our products and services, and in any written materials (e.g., reports, letters, marketing literature, advertising). This also includes the correct usage of phrasing and word combinations. There is often confusion associated with our product names and how they should be written. The following is a list of other products (not referenced above) showing the correct spelling, word combinations, and spacing:
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When referencing the mark of another company in our literature in connection with a product of that company, it is important that we give credit to that company. If you know for sure that the trademark has been registered, the ® should be used, and a footnote should appear somewhere in the document indicating the name of the company that owns the mark. If you are not sure whether the mark is registered, use ™ or ℠, and simply indicate that the mark belongs to the company.
Example: Windows® is a registered trademark of Microsoft® Corporation.
The copyright notice generally consists of three elements:
- the symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr.";
- the year of first publication of the work; and
- the name of the owner of copyright in the work.
Example: © 2022 DHI Computing Service, Inc.
When using specific registered product names within the documentation (e.g., DHI-Plus), the following should be used:
© 2022 DHI Computing Service, Inc. All rights reserved. DHI-Plus is a registered trademark of DHI Computing Service, Inc.
When using third-party products (such as Windows®), the following should be used:
© 2022 DHI Computing Service, Inc. All rights reserved. Windows is a registered trademark of Microsoft® Corporation.
When using more than one third-party product, the following should be used:
© 2022 DHI Computing Service, Inc. All rights reserved. Windows is a registered trademark of Microsoft® Corporation. All other third-party marks are the property of their respective owners.
In conjunction with both DHI and third-party products, the following is correct:
© 2022 DHI Computing Service, Inc. All rights reserved. FPS GOLD and DHI-Plus are registered trademarks of DHI Computing Service, Inc. Windows is a registered trademark of Microsoft® Corporation. All other third-party marks are the property of their respective owners.
Use of the notice is recommended for the following reasons:
- it informs the public that the work is protected by copyright (and thereby helps to scare aware potential infringers);
- it prevents a party from claiming the status of "innocent infringer," which may allow a party to escape certain damages under the Copyright Act; and
- it identifies the copyright owner and the year of first publication (so that third parties will know who to contact to request a license to the work).
There is no need to register the work with the Copyright Office or to seek any other kind of permission before using the copyright notice.