How should trademarks be used in patent applications?
When using trademarks in patent applications:
- Capitalize each letter of the trademark
- Use the trademark symbol ® or TM as appropriate
- Accompany the trademark with generic terminology
- Respect the proprietary nature of the mark
According to MPEP 608.01(v): “Although the use of marks having definite meanings is permissible in patent applications, the proprietary nature of the marks should be respected. Marks should be identified by capitalizing each letter of the mark (in the case of word or letter marks) or otherwise indicating the description of the mark (in the case of marks in the form of a symbol or device or other nontextual form). Every effort should be made to prevent their use in any manner which might adversely affect their validity as marks.”
To learn more:
Topics:
Patent Law,
Patent Procedure