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  #21  
Old 11-25-2009, 12:17 PM
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INTEGRA Bespoke Lighting INTEGRA Bespoke Lighting is offline
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Quote:
Originally Posted by Terradek View Post
Before you use the term "illuminologist" in any print material I need to tell you that it is a Service Mark of Touchstone Lighting Inc. But as a descriptive term used in communication, no problem.

I googled it right away and found that out. Interesting, although I am not familiar with the details of what a "service mark" is. Is it like a registered Trade Mark? I am pretty sure they would have to register that term as a trade mark here in Canada (or any jurisdiction other than the USA) in order to protect it internationally.

Got to love wikipedia... Seems that sm is a form of unregistered mark and as such is only 'protectable' within the geographic territory in which the user operates.

"A trademark is designated by the following symbols:
* ™ (for an unregistered trademark, that is, a mark used to promote or brand goods)
* ℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
* ® (for a registered trademark)

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand."[



http://en.wikipedia.org/wiki/Service_mark
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  #22  
Old 11-25-2009, 12:58 PM
Terradek Terradek is offline
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Service Marks

In my experience, I have only ever dealt with Trade Marks. So I am not sure what the legal distinctions, if any, are for Service Marks.

You are right though in making the point that in order to protect Intellectual Property (IP) you must register it in all locations where you wish to limit it's use. That is why US companies that have patents must also register them in foreign countries (e.g. China) to have any legal standing in that country. Manufactures who do not do this run the risk of having their patents violated, and that is how so many of the "knock off" products make their way back to the U.S. market.
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