Articles
UNDERSTANDING TRADEMARKS
The cornerstone of a franchise program is its trademark. Registering a trademark or service mark with the U.S. Patent and Trademark Office (USPTO) is the first step in protecting a trade name, services and products. Using the "TM," "SM," or "®" in conjunction with a registered name puts the world on notice. These marks are valuable and should be taken seriously and used properly by franchisors, their franchisees and service providers such as advertising agencies.
Prior to receiving approval from the USPTO, trademarks (for goods) should be identified using "TM" and service marks (for services) as "SM," both positioned in the upper right corner of the mark. Once an application is granted, these symbols are replaced with the familiar "®," which is moved to the lower right corner of the mark.
