Cant you say something is trademarked without it being trademarked by the government?

by **egan** » Sat Dec 17, 2011 4:11 pm

I have a clan for a video game and I want to claim that it is my clan and there is no other and if any other people say they are theyy are fake. for instance i want to say KF™. KF is my clan and i have not gotten it trademarked. can i still say KF™ ?

by oz » Sat Dec 17, 2011 4:17 pm

You can say it it just doesn't mean anything.

by **rumford** » Sat Dec 17, 2011 4:20 pm

If it's in a video game I doubt anyone would care. However, you can't actually trademark something without the government - and you couldn't trademark your clan as the art, etc are all owned by the video game creators.
You could use the TM sign, however it wouldn't have any legal effect. Nor would it really have any effect as anyone could simply copy and paste it. Sorry buddy.

by **cuartio52** » Sat Dec 17, 2011 4:35 pm

If you have a recognizable symbol that is actually used in trade and commerce, you can assert the right to prevent others from using it in trade or commerce. Using something in a video game is not using it in commerce. Furthermore, trademark enforcement is appropriate only where there is a risk of consumer confusion. As there are no consumers, there is no risk of confusion and there is nothing to enforce.

by **barclay76** » Sat Dec 17, 2011 4:41 pm

Yes, In the USA there is no legal requirement to register a trademark unless you want circle-R. You can use tm or sm on anything you want.

If you are the first to use a distinctive brand on goods or services that you are providing to others (i.e., in commerce) then US laws give you automatic trademark protection with respect to those goods and services.

You may OPTIONALLY register a trademark in one or more states or at the federal Patent and Trademark Office.

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