[3DEM] Protein Tomography (TM)

hainfeld at bnl.gov hainfeld at bnl.gov
Mon Dec 12 11:42:30 PST 2005

TM Trademarks are not so worrisome.  These are "unregistered 
trademarks".  You can at any time create a trademark and use it on a 
product.  It can also be applied for to the patent office to be a 
"registered trademark".  This requires evidence of commercial use (e.g., 
labels, advertisements, etc), and that it doesn't conflict with any other 
registered trademark, and fees and maintenance are required.  If granted, 
one can then use the R with a circle around it.  It is illegal to use this 
symbol unless granted (whereas anyone can use "TM").  This registered mark 
prevents someone else from using it or something similar to label a 
commercial product with.  The "TM" doesn't therefore carry very much 
weight.  Even if some company registers "protein Tomography" or something 
similar, it doesn't prevent anyone else from using the term; they just 
can't sell another product with that name.  Take "Apple" for 
example.  That's registered, but people still write about apples.  But you 
can't sell another computer marked "Apple".  (You could however sell apples 
with the TM of "Apple"; the rule is that it can't confuse the buyer).  If 
they just use TM, forget about any conflicts.  Legally, if they are granted 
a registered trademark, then it just means you can't market a similar 
product with that name, but you can use the name.  Nanoprobes registered 
the name "Nanogold" but I see a lot of uses by nanotechnology people just 
referring to other small gold materials.  Maybe all that means is a little 
bit of confusion or free advertising.  Hope this helps clarify the issue.
Best regards,
Jim Hainfeld
President, Nanoprobes, Inc.

At 01:30 PM 12/12/2005, you wrote:
>**** Messages to this list are automatically archived ***
>**** Please limit quoting of previous postings to the bare minimum ****
>The term shows up in the legend to the figure accompanying the 
>article.  The words "Protein Tomography" have "TM" as a subscript.
>At 12:29 PM 12/12/2005, michael wrote:
>>Is it really true that the term "Protein Tomography" was trademarked? Or 
>>did Sidec only apply for a trademark? I cannot really believe that a 
>>scientific term can be trademarked.
>>Michael Schatz
>>Image Science
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Dr. James F. Hainfeld  *  hainfeld at bnl.gov
Brookhaven National Laboratory  *  Biology Dept.  *  Bldg. 463  *  Upton, 
NY  11973   USA
Tel.  631-344-3372  *  Fax. 631-344-3407
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