53 Madison Way, Portsmouth, Rhode Island, 02871-2249, USA
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Intellectual Property Advising

Roskelly Inc. uses a variety of intellectual property lawyers to meet the needs and assist clients in understanding their rights. We make our best efforts to ensure that the brand developed for our clients is protect-able and will not infringe the rights of third parties before we release the final designs to the public.

Our intellectual property services include:

  • Help clearing new corporate identities, logos and names
  • An opinion regarding trademarkability
  • Documentation to transfer copyright ownership
  • Brand use counseling

With our intellectual property knowledge and experience, Roskelly has helped clients avoid costly litigation and re-branding. 

How to use a Registered Trademark

There is no single right or wrong approach. Instead, many design options must be considered; bear in mind with each choice to use an appropriate symbol or not. Or, indeed, to use it selectively through various channels and media. Some of these considerations have legal implications; others form part of your marketing or branding strategy. Of course, what works best for the brand icon and what legal requirements will demand will need specific expert advice. Still, the following points will hopefully provide some food for thought! 
One use case of symbol usage that needs to be clarified is the example of substantial companies such as Google, which own many registered trademarks but do not use the symbols they are entitled to. Or in other cases, they will use marks in some cases or channels but not in others. In addition, there are restrictions on use in regions without a valid registration. This can cause issues for giant corporations whose products may be available in areas without valid trademark registration. Companies may elect not to use symbols alongside their trademarks in these cases. Still, these large corporations can afford the legal fees of stopping unauthorized use. In some cases and regions, electing not to utilize the symbols to which you are entitled can impact potential actions for infringement and limit the damages you are otherwise authorized to claim.

Why a Registered Trademark v.s. Trademark

Use of the ™ symbol in the case of unregistered marks can also signify to the public (and potential infringers) that you have the legalities of protecting your Brand in mind. In some cases, this may serve as a deterrent to infringement. It would help if you remember that you are creating an intangible but material asset in building your Brand. This can be a critical factor in the decision-making process for potential investors and franchise owners. While an unregistered brand name may have some value, it is not comparable with the asset potential of a registered brand. Size matters when scaling - please size the ™/® appropriately to visually match the size of the Brand design as it is represented on the product.
The ™ symbol should be included next to the mark when the mark first appears on printed products and material. Once the brand name or design is registered, the ® is always used in place of the ™. The end designer building Branded materials will need to size and place the ™/®. Therefore, we build ALL the designs without the trademark or Registered Trademark notice.


Logos shown are for recomendation placement of the TM and ®