49770RE: [Czechlist] Use of the TM symbol in Czech
- Aug 30, 2012Exactly! By sheer coincidence I've just come across the following internal instruction issued by a US-based Corporation (XY) to its Marketing
"XY trademarks and service marks should be identified and distinguished in marketing material copy by using either a (R) or TM after XY trademark's first reference in headlines and body text. Subsequent references do not need to include the (R) or TM after the trademark name."
From: Czechlist@yahoogroups.com [mailto:Czechlist@yahoogroups.com] On Behalf Of James Kirchner
Sent: Thursday, August 30, 2012 2:12 PM
Subject: Re: [Czechlist] Use of the TM symbol in Czech
This is late, but now that we're all back online, I'll weigh in on this one.
As for English (American) usage of the TM symbol, when I worked in advertising -- and I worked for what, at the time, was "the world's largest advertising agency" -- we did not put the TM symbol after every incidence of the brand name.
According to our legal department (and subsequent departments I worked with at other agencies), the TM symbol did not have to appear after the trademark every time, but just often enough that it's clear that it's a registered trademark.
In practice, this meant that we put the TM symbol (or R symbol, or SM symbol) after the trademark the first time it appeared on each page, and left it off the rest of the time.
We virtually never put the TM symbol after the trademark every time it appeared -- only if we had a nutty client who insisted on it, which was rare.
On Aug 8, 2012, at 9:05 AM, Matej Klimes wrote:
> A client's client insists on using TM in superscript above the word
> Android in advertising copy in Czech, where the word Android is
> conjugated, i.e. it's an advert headline that says someting like (made
> up example):
> Rozumim si s Androidem - where the ENG original was something like 'I
> am made for Android'
> (the adverts are for a consumer electronic device unrelated to
> Android/google, just using it and the bits in questions are headlines,
> not body copies, or small print..)
> It wasn't there originally, but now the client's client (the
> manufacturer) came back saying there has to be a (TM) after every
> Android - makes sense (and looks/sounds fine) in English, but I'm
> trying to tell them that we don't normally use it in Czech in plain
> text (let alone in advertising copy/headlines), I guess the main reason
> is that it's an English abbreviation and it looks weird in a Czech
> sentence, especially when the word is conjugated (it has an ending
> tacked onto it, which makes it sound Czech, AND technically it's not
> the Trade Mark any more, Android is, but AndroidEM isn't, I doubt they
> registered every possible variant in all languages)... this is a
> cultural thing, we just don't do it in text or in copy - there'll be a
> small print footnote saying that Coca Cola is registered TM of xxx etc.
> (in Czech), but the copy itself - especially headlines - will not have
> any TM in it in Czech adverts...
> Can you confirm (or not) this feeling/opinion? Both Czech and ENG
> speakers? Thoughts?
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