Quote:
Originally Posted by Frank Rizzo
Anyone can put the TM next to a logo - that doesn't have to be registered.
What you can not do is to put the ® symbol next to your logo unless you have registered the logo (and it has been accepted) by the trademark office.
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Thanks - Frank Rizzo - that clarifies.
Looks like the
actual logo that Phorm use on their publicity and website is still in legal limbo then, whereas the Trademark they registered is a different design altogether in a plain serif text and I'm not sure I've seen that one in use on any phorm literature or publicity.
Although I wouldn't advocate anyone using the unregistered logo as they might be stepping on the pre-existing moral claim of Phorm Design, S Yorkshire, to a virtually identical design which incorporates a copyright symbol.
I suppose it would be an awkward question for Phorm Inc to answer if it came up say, in a Parliamentary committee from a well briefed MP or Peer, as part of a series of questions about Phorm's attitude to copyright and intellectual property. "Now then Mr Ertugrul, you have indicated to us that you respect other people's intellectual property. Perhaps you could just tell us a little bit about the logo of your own company and how you developed it...?"
Still, I'm sure all that is sorted out now, after all it was first raised months ago. I'm sure an appropriate amount of restitution will have been made to Phorm Design in Sheffield. After all a reputable company would act pretty quickly in those circumstances to put things right. They couldn't afford the bad publicity.
And BT/Virgin Media/TalkTalk-CarPhone Warehouse would only want to work with reputable companies as partners.
So only the Phorm website copyright questions still in need of resolution then... (preferably by Phorm). Just so the rest of us with websites know what the position is. If Phorm are concerned about their website copyright, maybe they could make common cause with us to ensure it is robustly protected by the courts and regulators. In case anyone comes along to rip us off.
BTW FR - is there a blog or update site anywhere that gives us updates on your own situation vis a vis BT and Webwise? - of course we wish you every success.