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heres a thinker, R or TM ? why?


AtariKen64

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hay

 

have you noticed some games have the R symbol while other have the TM? i noticed this alot with alot of games ihave but what made me realized it was the description of the atari advanced classics whenthe listed the games the had the R and TM next to the name.

 

 

so......

 

does any one know why some games have TM and others R?

 

and yes i am aware it is for trademarking and copyrighting purposes

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quote:

Originally posted by Cybergoth:

Hm... are the TM games probably the licensed titles? Atari certainly can't claim the copyright for Space Invaders for example?

 

Greetings,

Manuel

 

Even though I am the Gaming Scientist, I do not know the exact answer to this question. I do know that TM stands for TRADEMARK and R represents a REGISTERED TRADEMARK. As to the exact nature of what actually differentiates a REGISTERED TRADEMARK from a TRADEMARK, I do not know. I must research this matter at once in an effort to educate the masses of the unknowing...

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quote:

Originally posted by Atariken64:

does any one know why some games have TM and others R?

 

My understanding is that TM indicates that you are CLAIMING a trademark, while R indicates that the trademark is REGISTERED. Both are legally valid, but in the case of a registered trademark you have papers to back up your claim so it is more enforceable in court. While waiting for confirmation of registration from the patent office a company would use TM. This is just my understanding - I'm no lawyer mind you.

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If Randy's correct, I'm sure the "R" represents a much larger financial output -- both for paying to register it, but also for research into whether or not the trademark already exists in a similar market (you can trademark the same term in different markets, though sometimes cases still come up and may even be judged against that).

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quote:

Originally posted by Randy:

My understanding is that TM indicates that you are CLAIMING a trademark, while R indicates that the trademark is REGISTERED. Both are legally valid, but in the case of a registered trademark you have papers to back up your claim so it is more enforceable in court. While waiting for confirmation of registration from the patent office a company would use TM. This is just my understanding - I'm no lawyer mind you.

 

That's correct. If you go through the effort of registering a trademark (which usually involves a fairly expensive search to see if anyone already has your mark + paying ~$300 to actually register) it not only proves that you've done the work and own the mark free and clear (although it can be challenged), but it puts the burden on the guy suing you (or the guy your suing) to show that your mark infringes (or that theirs doesn't, as the case may be). Just doing a TM serves notice that you claim the mark, but haven't actually registered it. You can notice the difference pretty clearly on a fast food menu. McDonald's will be ®, but the slogan "You deserve a break today" will usually be TM. (Actually, if it's a popular slogan, they'll register it eventually).

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