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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
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Experience:  Retired (mostly)
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If a newspaper writes an article about an organization, are

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If a newspaper writes an article about an organization, are they obligated to use the registered tm symbol ib the article?? What if the article was written before the logo was trade marked and the article is reprinted as part of a promotional brochure?
Hello,

The answer generally is that there is no obligation to use the ® symbol, when using the trademark in the "nominative." In other words, when you are writing about the business, as a business, rather than using the name of the business in the context of marketing a product or service, then no trademark symbol is required. Example:

1. Microsoft Corporation is the world's largest PC software developer.

2. One of the best known word processing software applications is Microsoft® Windows.

Hope this helps.
Customer: replied 3 years ago.

I think I got it. The Ottawa citizen wrote an article about an organization I belong to before we got our name trade marked. I bought the article to reprint as part of a promotional brochure for our organization which is a non profit organization. I would like to leave the article in it's original form and content.

Interesting. You are effectively using the entire article in the nominative -- but at the same time, the article is being used to promote your organization. You don't have a trademark problem here -- you have a copyright problem -- unless you have obtained a license to reuse the article from the newspaper publisher.

Hope this helps.
socrateaser and 2 other Intellectual Property Law Specialists are ready to help you
Customer: replied 3 years ago.

I think I have "implied permission" as I bought an paid for a copy of the article???

No, you need a license. Purchasing a copy of the article entitles you to resell that single copy. If you make copies of your copy, then you are engaged in copyright infringement.

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