BLOGS FOR 116 & WEST
Valentines At Flying M
Showcasing local art
This year is Flying M’s 25th anniversary hosting the Valentine for AIDS Art Auction. From February 10 – 18, Flying M Coffee House transforms into an exhibition displaying close to 300 pieces of fabulous and beautiful eclectic art. All art showcased is available for silent auction, with the proceeds benefitting SNAP (Safety Net for AIDS Program).
Several of our DM family members participated in the Valentine for AIDS Art Auction. Jason Sievers, creative director at DM, gave “Valentine Vortex”—a 360 photography metal print. Jason’s wife, Wendi, contributed “Jungle Love”—a diptych of two parrots. Jason and Wendi’s daughter, Lily, in her first Flying M Valentine Art Auction, donated a rainbow piece titled, “Love is Love.” I have a quilled piece in the auction titled, “LOVE.” If you are wondering what quilling is, it’s an ancient art of coiling thin strips of paper and making shapes from the coils.
Supporting the cause
Last year, Flying M’s Valentine for AIDS Art Auction raised a total of $21,344 for SNAP. SNAP provides emergency services for HIV positive individuals living in Idaho. SNAP helps individuals who need assistance with insurance premiums, medication, dental service, food vouchers and utilities.
If you are interested in a unique valentine for your sweetie, head to Flying M, grab a cup of joe, tour the masterpieces, and bid. It’s for a great cause!
Trademark Symbols: Which One?
I was recently asked to add a trademark symbol to a logo for a client. When looking at the special characters for trademarking ( ™, ®, ℠) I wanted to make sure that I provided the client with the proper legal trademark symbol. As it turns out, there is a big difference between the symbols and their function.
What is a Trademark?
The United States Trademark and Patents Office defines a trademark as “A word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.” According to the above definition, a logo’s commercial usage alone makes it a trademark.
What does adding the Trademark symbol (™) do?
When the ™ is visible on a logo, it’s simply to give notice of ownership of rights to that logo. You don’t actually have to apply for federal registration to use the ™ symbol.
Using the ℠ is a service mark, which applies to services as opposed to goods, in which the ™ is used for. But ™ is commonly used for both services.
The ™ symbol offers no legitimate legal protection—no more than what is already offered under Common Law. Common Law rights state that merely using the logo gives a business the rights to it. It may also deter infringement, but common law trademark rights are geographically limited and difficult to enforce.
What is the Registered Trademark (®)?
When the ® is in usage, it means a business has gone through the process of registering their trademark. Typically, a business submits an intent-to-use application before a business/product launches. The trademark isn’t official until the Patent Office completes its review and approval of the application. The application process can be lengthy and expensive, and it can also require legal counsel in some cases.
A couple things to think about in the process of registering a trademark:
-Is it registerable?
-How difficult is to protect your mark based on its strength?
The USPTO examines every application for compliance with federal law and regulations. The most common reason an application may be refused is the likelihood of confusion with another already registered trademarked logo belonging to another business. In addition to selecting a mark that is not likely to be confused with any pre-existing marks, it’s a good practice to select a mark that is considered “strong” or distinctive, in a legal or trademark sense—a mark that will allow you to prevent third-party use of your mark.
In what cases would you avoid registering your trademark?
-Your logo is similar in nature to another logo.
-Your logo may change in a couple years. Only the exact logo is what is trademarked. Any variations make it harder to protect legally.
-You aren’t sure how long your business will be in practice. The application process averages just under one year to complete. Basic filing fees can be expensive (average minimum filing fee of $325 without legal counsel).
Where is the best place to put the Trademark Symbol?
The best practice is to put the symbol in the upper right-hand corner. If you put the symbol in the most likely place for people to find, it will increase the understanding of your intent and claim on the logo, guarding against infringement.
How do I find or make Trademark and/or Registered Trademark Symbols?
Windows System: Use the keyboard combination of pressing the [Alt] key followed by the keypad number sequence of “0153” to insert the TM symbol or “0174” to insert the registered trademark symbol.
Mac System: Hold the [Option] and “2” keys will render the trademark sign, and hold [Option] and “R” at the same time to produce the registered trademark symbol.
Finding the symbols/characters in your program/language:
Adobe Illustrator and InDesign: Select “Type” from the menu > Insert Special Character > Symbols
Microsoft Word: Select Insert from the Menu > Advanced Symbol or Special Characters
HTML: Trademark is “ &trade”, and the Registered Trademark is “®”