RedDog wrote:Am I to understand that Speech Warriors™ is a trademarked term? If so, it strikes me that was done purely to institute a trademark violation case without the ™ present. Many people I suspect don't know how to type that. That seems almost like entrapment, at least if I understand the meaning of that word correctly.
™ is notification to the reader that the word or phrase is trade marked, but not registered as such
® is notification to the reader that the word or phrase is trade marked and is registered with CIPO (Cdn Intellectual Property Office)
The difference being is that the author using ™ has not filed with CIPO and affirmed/sworn that he has conducted a due diligent search of the word or phrase, that it has not been previously used in that capacity by someone else before hand - also that CIPO has reviewed his application, posted notice of the application should someone care to dispute, and determined that the word, phrase or graphic can indeed be trademarked for the submitted identification / association purposes.
Because the ™ author hasn't undergone the rigors of the trademark application process does not necessarily mean that he cannot protect his trademark but the onus falls upon the author in a dispute to prove originality, consistency and correct usage.
The ® (registered version) gives the author the slam dunk protection under federal legislation (in most cases) as long as he has demonstrated consistency and correct usage. The originality is registered with the government.
In some cases the word or phrase is too generic, too similar or the intended usage is too vague or broad, and would probably fail under CIPO application, thus an author attempts to stake claim through a more general common law property right ™ as to owing the trademark or enforcing the validity of same.
Speech Warriors™ may be a phrase someone has coined for a certain purpose or to identify something or other. The ™ tells us that it is not registered (or received registration notification yet). It may not be acceptable for registration - have to see the context of what the author is claiming and the originality