A trademark is not free. You have to apply for it, which costs a small fee (can''t remember how much).

Then, when the trademark and patent office gets to your particular application (can take years), they will consider your request and compare it to other similar, already granted trademarks in your particular field of business. If someone has already applied for a trademark you want in the same field (industry), then you''re probably out of luck. That''s why part of applying for a tademark includes a very detailed description of what the trademark is for, to hopefully differentiate it.

When you''ve applied for a trademark, you can use the (tm) designation.

Then, if they approve your trademark, it becomes registered and you can use the ''R'' designation.

Beelzebub, I''m not sure but perhaps you are thinking of copyright. You automatically own the copyright on anything you''ve created, such as artwork or a story, unless you have signed over your creative rights to an employer, in which case they own it.

Hope that helps.

R.

If you use a computer while writeing your little (tm) depending on what format of... mmm... media, I will say, you write it on, might have a special encription which would be some pretty good evidence. Also, eye witness accounts. For example, I have mucho people who know I''ve used the game name Final Star (which I am no longer useing btw) for years (which I have). If I got sued because someone else had the same name, I could win because
1) I have mediazed it in so many different forms, one for or another will have come type of encription. Also, they could probably check my PC for Date files from when certain things where created, etc etc. Investigation type things. Not even hackers will get all of the computers encripted data.

2) I have many many people who visit my site frequently. I have people who live on other parts of the world who know me and how long I''ve been doing this. They could check with DirectNic for example and see howlong my domain name has been registered for and compare it to the prosecutor. (how that would make a difference is if the prosecutor made his site last month, and I''ve had mine up for 2-3 years, who do you think is going to win? lol)

3) Registering is also very helpful and the most secure way. :-) Nuff Said.

Oh, and yes. TM can be used freely and sparingly. (R) however cannot. Must be paid for. Also, it is ILLEGAL if you use (R) and don''t actually have it registered. Just thought I''d meantion that since no one else did.

Alex Ford
PointSoft EA Co., Ltd.
http://www.pointsoftonline.com

Yay!! Tacit (tm).

Beelzebub, AP, you were right. I verified with my legal counsel that you can automatically use TM but have to register and be approved to have the right to use R. Sorry for the confusion.

R.