Trademarks and Logos

Trademark law protects names, titles, slogans, logos, and other symbols that distinguish the source of one product or service from another to protect consumers from being misled.

A trademark or logo can only be included without the need for permission when the inclusion of the mark or logo is necessary and our use does not imply endorsement.

Only use trademarks and logos when:

  • The product or service can only be identified by using the mark, the mark is embedded within the content you are using, or the mark is used incidentally.
    • Examples including using a mark’s name to identify a specific product, a mark appears incidentally within a photograph, or the mark is included on content as a identifier.
  • The mark is not used repeatedly and prominently in our content.
  • There are minimal connections between the mark and our own content.

When including a mark or logo in our content, ensure the following:

  • Do not edit, change, or adapt the mark or logo.
  • Always include the appropriate symbol (either ™ or ®) with the first or most prominent appearance of the trademark in the presentation or on a handout.
  • Include a note indicating who is the owner of the trademark.
    • Example: “TheraPlay® is a registered trademark of TheraPlay Institute.”
  • Do not use a trademarks as nouns or verbs, but as adjectives describing the product or service they relate to. 
    • Example: Use "I made copies on the Xerox® copier machine,” instead of “I made copies on the Xerox,” or “I xeroxed the handouts.”

Additional Concept Framework

  • Trademarks are a form of intellectual property that differs from copyright.
  • A brand is a unique product or service with a recognizable identity that distinguishes itself from others in the same industry. Trademarks are the elements that identify a specific brand.
  • Trademarks are intended to distinguish and differentiate the source of one product or service from another. Trademark law grants legal protections to a brand, and protects the brand owner as well as consumers from counterfeiting and fraud.  
  • A person becomes a trademark owner as soon as they start using their trademark with their goods or services. A trademark owner establishes rights with their trademark by using it, but those rights are limited. Registering a trademark with the U.S. Patent and Trademark Office (USPTO) is not required, however doing so allows for greater protections on a more national scale. 
  • There are two symbols used to indicate the status of ownership: ™ and ®.  The ™ symbol means the owner considers the mark its Intellectual Property but has not secured a trademark registration,  or may be in the process of doing so. The ® symbol means the mark has been officially registered with the USPTO.